California Wrongful Termination Lawyer

Wrongful termination is a firing for a reason the law forbids. A job with no set term is generally at will, so either side can end it (Lab. Code § 2922). What the law limits is the reason. An employer can't fire you because of a trait the law protects, or because you used a right the law protects.

Reasons California law forbids include:

• a trait FEHA protects, such as race, religious creed, national origin, disability, medical condition, sex, gender identity, age 40 and over, sexual orientation, or veteran or military status (Gov. Code § 12940(a); § 12926(b));
• opposing discrimination or harassment, or filing, testifying in, or helping with a complaint about it (§ 12940(h));
• reporting a violation of law you reasonably suspect to a government agency or to someone at work who can correct it, or refusing to take part in one (Lab. Code § 1102.5(b)-(c));
• complaining about unpaid wages or filing a claim with the Labor Commissioner (Lab. Code § 98.6);
• taking family or medical leave under the California Family Rights Act (Gov. Code § 12945.2(k)).

A firing can feel unfair without being illegal. Our plain-English guide to wrongful termination in California walks through where that line usually falls.

You may have more than one way to bring a claim, and the right one depends on why you were fired:

• A Civil Rights Department complaint for a firing tied to discrimination, harassment, a complaint about either, or protected leave. It's due within three years, and you can sue within one year after CRD's right-to-sue notice (Gov. Code § 12960(e)(5); § 12965(c)(1)(D)).
• A retaliation complaint to the Labor Commissioner for a firing after a wage complaint, a whistleblower report, or another right the Labor Code protects. It's due within one year, and you don't have to file it before going to court (Lab. Code § 98.7(a)(1), (g)).
• A lawsuit for wrongful termination in violation of public policy, a claim California courts recognized in Tameny v. Atlantic Richfield Co. (1980), due within two years (Code Civ. Proc. § 335.1).
• A federal charge with the EEOC, generally within 300 days in California (EEOC time limits).

Two rules can help. A firing within 90 days of a wage complaint or other activity protected by Lab. Code § 98.6 is presumed retaliatory unless the employer rebuts it (§ 98.6(b)(1)). And once a whistleblower shows the report was a contributing factor, the employer must prove by clear and convincing evidence it would have fired anyway (Lab. Code § 1102.6).

Our guide to what to do when you get fired unfairly covers the first steps to take while the details are fresh.

A wrongful termination claim can recover what the firing cost you, and in some cases more:

• Lost pay and benefits, both what you've already lost and what you're likely to lose before you find comparable work.
• Emotional distress damages in a lawsuit.
• Punitive damages when there is clear and convincing proof of oppression, fraud, or malice, and the employer's officers, directors, or managing agents authorized, ratified, or committed it (Civ. Code § 3294(a)-(b)).
• Reinstatement and lost wages for retaliation under the Labor Code (Lab. Code § 98.6(b)(1)), and a civil penalty of up to $10,000 per violation paid to a whistleblower (§ 1102.5(f)(1)).
• Attorney fees. A court may award them to a prevailing employee under FEHA, while an employer that wins gets them only if the suit was frivolous, unreasonable, or groundless (Gov. Code § 12965(c)(6)).

What a case may be worth depends on your pay and benefits, how long it may take to find similar work, the evidence of the real motive, and the harm the firing caused. Our results below show the range of outcomes our team has reached.

Several laws overlap, and a single firing can violate more than one:

• The Fair Employment and Housing Act bars employers with five or more employees from firing someone because of a protected trait or for opposing discrimination or harassment (Gov. Code § 12940(a), (h); § 12926(d)). Our employment discrimination and disability discrimination pages go deeper.
• The California Family Rights Act protects up to 12 weeks of family or medical leave at employers with five or more employees, with the right to return to the same or a comparable job (Gov. Code § 12945.2(a)). It covers workers with more than 12 months of service and at least 1,250 hours in the previous 12 months. See our leave of absence page.
• Whistleblower and retaliation laws in the Labor Code, including §§ 1102.5, 98.6, and 6310 for safety complaints. Our workplace retaliation page explains what counts as protected activity.
• Public policy. Under Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167 and the cases after it, a firing that violates a fundamental public policy found in a statute or the Constitution can support a lawsuit of its own.
• Federal law, enforced through the EEOC and the federal courts, with its own deadlines.

It depends on the reason for the firing, and the earliest deadline can control. Deadlines at a glance:

• Civil Rights Department complaint (discrimination, harassment, protected leave, or retaliation for opposing them): three years (Gov. Code § 12960(e)(5)).
• Lawsuit after a right-to-sue notice: one year from the date of the notice (Gov. Code § 12965(c)(1)(D)).
• Lawsuit for wrongful termination in violation of public policy: two years (Code Civ. Proc. § 335.1; Prue v. Brady Co./San Diego, Inc. (2015)).
• Labor Commissioner retaliation complaint (fired after a wage complaint, a whistleblower report, or another Labor Code right): generally one year, extendable for good cause (Lab. Code § 98.7(a)(1)). It was six months before 2021.
• Workers' compensation retaliation: a petition to the Workers' Compensation Appeals Board within one year (Lab. Code § 132a).
• EEOC charge: generally 300 days in California (EEOC).
• Final paycheck: due the day you're fired (Lab. Code § 201(a)).
• Severance agreement: generally at least five business days to talk to a lawyer before signing (Gov. Code § 12964.5(b)(4)).

If you were forced to quit, the same deadlines apply. Every deadline, with its exceptions, is in our California employment deadlines guide.

Quitting doesn't always end a wrongful termination claim. The law treats a resignation as a firing when the employer intentionally created or knowingly permitted conditions so intolerable that a reasonable person would feel compelled to resign (Turner v. Anheuser-Busch, Inc. (1994) 7 Cal.4th 1238).

The California Supreme Court set a high bar in Turner. The conditions must be unusually aggravated or form a continuous pattern, and single, trivial, or isolated acts generally aren't enough. The employer, through its officers, directors, managing agents, or supervisory employees, must have known about them.

That makes written complaints worth keeping. If harassment or other serious mistreatment may be pushing you out, a record of what you reported, and to whom, can help show the employer knew. One of our results came from a case like this: $750,000 for a worker who alleged that supervisors took no action on repeated harassment complaints before the worker was forced to quit.

Final pay. If you're fired, every wage you've earned is due immediately, and if you quit without a written contract for a set term, within 72 hours or on your last day with 72 hours' notice (Lab. Code § 201(a), § 202(a)). A willful delay can add a penalty of up to 30 days of your wages (§ 203(a)).

Your records. Former employees can ask for payroll records, which are due within 21 days of the request (Lab. Code § 226(c)), and for the personnel file, due within 30 days of a written request (§ 1198.5(b)(1)). Those files can show the reasons an employer gave at the time.

Severance agreements. An employer offering one generally must tell you that you can consult a lawyer and give you at least five business days to do so (Gov. Code § 12964.5(b)(4)). If you're 40 or older and the agreement waives federal age claims, you need at least 21 days to consider it (45 in a group layoff) and 7 days to revoke. Without them, the waiver isn't valid (29 U.S.C. § 626(f)(1)(F)-(G)).

Termination cases our team has resolved across California:

• $2 million (2024, Alameda County): an employee who reported a coworker's harassment and helped a colleague file a complaint alleged being fired months later. The employer cited a layoff.
• $1 million (2024, Los Angeles County): an employee alleged being let go a few weeks after reporting harassment and wage violations, in a role the employer said it had eliminated.
• $825,000 (2025, Oakland): a worker fired after coming back from approved medical leave alleged retaliation and wrongful termination.
• $750,000 (2021, Woodland): a worker alleged sexual harassment and discrimination, and that supervisors took no action on repeated complaints before the worker was forced to quit.
• $500,000 (2024, Santa Ana): an employee alleged being let go after reporting a manager's inappropriate conduct. The company called it a layoff.

More employment outcomes are on our settlements and verdicts page. Past results do not guarantee a similar outcome. Every case is different.

Civil Rights Department. CRD takes complaints online through its California Civil Rights System, by email, by mail, by phone, or in person. As of November 2026 it lists six offices (CRD locations):

• Sacramento (headquarters): 651 Bannon Street, Suite 200
• Los Angeles: 320 West 4th Street, Suite 1000
• Oakland: 555 12th Street, Suite 2050
• Riverside: 1325 Spruce Street, Suite 320
• Fresno: 1277 E. Alluvial Avenue, Suite 101
• Bakersfield: 4800 Stockdale Highway, Suite 215

CRD lists no San Diego office, so San Diego County workers can file online, by email, by mail, or by phone.

Labor Commissioner. Retaliation complaints can be filed online, or mailed or delivered to the nearest district office (DIR). The office won't ask about your immigration status. Its district offices are listed on the DIR district office page, including San Diego at 7575 Metropolitan Dr., Room 210.

EEOC. Federal charges go to an EEOC office, such as its San Diego Local Office at 550 W. C Street, Suite 750, where scheduled interviews get priority.

The courts. A FEHA lawsuit can be filed in the superior court of any county where the firing happened, where the employment records are kept, or where you would have worked (Gov. Code § 12965(c)(3)). Our employment lawyers handle cases in courts across California, including Los Angeles, San Diego, Oakland, and Riverside.