What To Do When You Get Fired Unfairly in California

A termination is generally considered wrongful when an employer fires you for an illegal reason, even in an at-will state like California. Most California workers are employed “at will,” which means an employer can typically end the relationship for almost any reason, or no reason at all. The important exception is that they cannot fire you for an unlawful reason. Under the California Fair Employment and Housing Act (FEHA, Government Code §12940 et seq.), it is generally illegal to terminate someone because of a protected characteristic such as race, gender, age (40 and over), religion, disability, national origin, or pregnancy. Firing that violates public policy, breaches an employment contract, or punishes protected activity may also qualify. Because the line between a lawful and unlawful firing can be subtle, a free case review can help you sort out which category yours may fall into.

You may have been fired unfairly if the timing or reasoning points to a protected characteristic or protected activity rather than your job performance. Common warning signs generally include being terminated shortly after reporting harassment, discrimination, or unsafe conditions; being let go soon after requesting a reasonable accommodation, taking protected medical or family leave, or filing a workers’ compensation claim; or receiving a sudden negative review that contradicts a strong track record. Retaliation for whistleblowing is separately protected under California Labor Code §1102.5, which generally bars employers from punishing employees who report suspected legal violations. A shifting or pretextual explanation for the firing can also be a red flag. None of these signs alone proves a claim, but together they may suggest it is worth having a legal professional take a closer look.

The most important early step is to preserve evidence and document what happened while the details are still fresh. In most cases it helps to write down a timeline of events, including dates, names of witnesses, and what was said during the termination. Save copies of performance reviews, emails, text messages, offer letters, and any employee handbook you can lawfully access. Request your personnel file, which California employees generally have a right to inspect. Avoid signing a severance agreement or release right away, since doing so may waive important rights, and consider having it reviewed first. You can also file a complaint with the appropriate agency, such as the California Civil Rights Department (CRD) for discrimination and retaliation, OSHA for safety-related retaliation, or the Labor Commissioner’s Office for certain wage and retaliation issues. Not sure which path fits your situation? A free case review can help you prioritize.

If a court or agency finds your termination was unlawful, available remedies generally include compensation for the harm you suffered. These may include lost wages and benefits (both past and future), compensation for emotional distress, and in some cases reinstatement to your position. Recovery of attorney’s fees and costs is also available under many FEHA and Labor Code claims, and certain violations may allow for additional penalties. Deadlines matter here: under current California law, employees generally have three years to file a complaint of discrimination or retaliation with the Civil Rights Department, and other claims can carry shorter windows. Because the value and type of remedy depend heavily on the facts, a legal professional can give you a clearer sense of what may be realistic in your case during a free consultation.

You are not required to hire a lawyer, but many workers find that legal guidance makes a meaningful difference in a wrongful termination claim. These cases often involve tight deadlines, agency filings, and an employer represented by experienced counsel, which can be difficult to navigate alone. A legal professional can help evaluate whether your firing was likely unlawful, gather and preserve evidence, calculate potential damages, and handle communications so you do not accidentally undercut your own claim. Wilshire Law Firm is an award-winning, nationally recognized team, and consultations are handled on a contingency basis, which means no fees unless you get paid. Want a professional opinion before you decide anything? A free case review is available 24/7.