Wrongful termination is a serious employment law violation that occurs when an employer fires an employee for illegal reasons. While California is an at-will employment state, there are many important exceptions that protect workers from unlawful dismissals.
The Azizi Firm has helped countless California employees fight back against wrongful termination. We understand the emotional and financial toll losing your job can take, and we are committed to holding employers accountable.
Wrongful termination occurs when an employee is fired for illegal reasons such as discrimination, retaliation, refusing to break the law, or in violation of an employment contract. California law provides strong protections for employees against wrongful termination. Even though California is an at-will employment state, meaning employers can generally terminate employees at any time for any reason or no reason at all, they cannot fire you for an illegal reason. Wrongful termination claims can arise under both state and federal laws.
Under California law, wrongful termination includes: being fired because of your race, gender, age, disability, sexual orientation, or religion; retaliation for whistleblowing or reporting harassment; being fired for taking medical leave under CFRA/FMLA; termination in violation of an employment contract; and being fired for refusing to engage in illegal activities. Additionally, termination that violates public policy — such as firing an employee for serving jury duty, voting, or filing a workers' compensation claim — is also considered wrongful. California's Fair Employment and Housing Act (FEHA) provides particularly broad protections.
Key evidence includes: timing of termination shortly after a protected activity (such as reporting discrimination or taking medical leave), inconsistent or shifting reasons given by the employer for your termination, positive performance reviews and commendations prior to termination, emails, text messages, and other communications, witness testimony from coworkers or supervisors, and company policies and handbooks. An experienced employment lawyer can help you gather, preserve, and present this evidence effectively. Many cases turn on circumstantial evidence that shows the employer's stated reason for termination was a pretext for discrimination or retaliation.
You may recover back pay (wages and benefits you lost from termination through trial), front pay (future lost earnings if reinstatement is not feasible), emotional distress damages for pain and suffering, punitive damages when the employer's conduct was malicious or oppressive, and attorney fees and costs. Under California law, punitive damages can be substantial in egregious cases. The exact value depends on factors including your salary and benefits, the length of time you are unemployed, the severity of emotional harm, and the employer's conduct.
Deadlines depend on the type of claim. FEHA claims (discrimination, harassment, retaliation) must be filed with the California Civil Rights Department (CRD) within 3 years of the last discriminatory act. Breach of contract claims generally have a 4-year statute of limitations for written contracts and 2 years for oral contracts. Federal claims under Title VII require filing with the EEOC within 300 days. Public policy wrongful termination claims have a 2-year statute of limitations. Because these deadlines vary and can be complex, you should contact an employment lawyer as soon as possible to protect your rights.
First, do not sign anything — especially a severance agreement or release of claims — without having an attorney review it. Second, gather and preserve evidence including your employment contract, employee handbook, performance reviews, emails, text messages, and any documentation of the events leading to your termination. Third, write down a detailed timeline of everything that happened while your memory is fresh. Fourth, file for unemployment benefits promptly. Fifth, contact an experienced wrongful termination attorney for a free consultation to evaluate your case. The steps you take in the first days and weeks after termination can significantly impact the strength of your claim.
Yes, in general, California is an at-will employment state, meaning an employer can terminate you for any reason or no reason at all — but NOT for an illegal reason. Illegal reasons include discrimination based on protected characteristics (race, gender, age, disability, religion, sexual orientation, etc.), retaliation for engaging in protected activities (reporting harassment, whistleblowing, filing a workers' comp claim), taking protected leave, refusing to commit illegal acts, or where termination violates an employment contract or public policy. The key question in every wrongful termination case is whether the employer's reason — or the real reason behind the termination — was illegal.
If you believe you were wrongfully terminated, contact The Azizi Firm for a free consultation. We represent employees throughout California and only get paid if you win.
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