Losing a job can be stressful — and in many cases, unexpected. While California is an “at-will” employment state, there are important exceptions that protect employees from being fired for unlawful reasons. That’s where wrongful termination comes in — often closely connected to workplace retaliation and other violations of employee rights.
In this article, we will explain what counts as wrongful termination under California law, what does not, and how to recognize “red flags” that may signal a violation of your legal rights.
What Is Wrongful Termination?
Wrongful termination occurs when an employee is fired in violation of a law or public policy. While employers in California can generally terminate workers at any time and for a variety of reasons, they cannot fire someone for a reason that violates state or federal law.
Examples of Wrongful Termination in California
Here are some of the most common scenarios that may constitute wrongful termination:
- Discrimination based on disability/medical condition, race, national origin, gender, age, religion, sexual orientation, immigration status, etc.;
- Retaliation for reporting harassment or discrimination, wage violations or unsafe working conditions to management or HR;
- Retaliation for taking medical leave (including under FMLA/CFRA);
- Retaliation for requesting reasonable medical accommodations;
- Whistleblower Retaliation for reporting or refusing to perform illegal activities;
- Exercising legal rights (such as using sick time, filing a workers’ compensation claim, etc.)
In each of these cases, the employee is protected under California or federal law — and a termination based on those actions may be unlawful.
What Does Not Count as Wrongful Termination?
California’s at-will employment system gives employers a lot of discretion. Firing someone for the following reasons — while unfair — is usually legal:
- Poor performance (real or perceived)
- Allegations of theft or misconduct
- Layoffs due to downsizing or restructuring
- Personality conflicts
- No reason at all (unless it violates a protected right)
Even sudden or emotionally-charged terminations are not automatically illegal unless they were based on a protected category or retaliation for a protected act.
Signs You May Have Been Wrongfully Terminated
Every case is different, but some common warning signs include:
- You were fired shortly after reporting a problem to HR or management, which may constitute retaliation under California law
- A supervisor made discriminatory remarks or threats before your termination
- You were treated differently than coworkers in similar roles
- Your termination occurred shortly after taking protected medical leave
- You were suddenly targeted with write-ups or negative reviews without cause
Timing and context often matter just as much as the stated reason for termination.
Documenting a Wrongful Termination Claim
If you suspect you were – or are about to be – wrongfully terminated, preserving evidence is key. Similar documentation is often required to prove workplace harassment or retaliation claims:
- Save complaints, emails, texts, memos, or performance reviews
- Write down everything you remember about conversations or meetings
- Identify witnesses who may have seen retaliation or bias
- Note dates and any reports you made to supervisors or HR
Even if you do not plan to take legal action immediately, maintaining a record can help clarify and maintain your options in the future.
Final Thoughts
Wrongful termination cases can be complex, but California law provides strong protections for employees who are fired for illegal reasons. Understanding what counts (and what doesn’t) as wrongful termination is the first important step toward protecting your rights.
At California United Law Group, we help California employees understand their options when facing a potential wrongful termination claim. If you have questions about your employment situation, our team is here to listen and provide guidance.
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If you believe you may have been wrongfully terminated, contact us today.
