Many workers ask, "What counts as wrongful termination in California?" Losing a job can be stressful, especially if you believe it was unfair. While employers in California can usually fire employees "at will," there are laws that protect workers from being fired for illegal or unjust reasons. Understanding your rights can help you know when a termination crosses the line and what steps you can take if it does.

In this article, we'll explain in very simple words what wrongful termination means, examples of when it happens, and what you can do if you think you were fired unfairly in California.

What Does "At-Will Employment" Mean?

California is an "at-will employment" state. This means that an employer can fire you at any time, and you can also leave your job whenever you want — without giving a reason.

However, there are important exceptions. Employers cannot fire someone for illegal or discriminatory reasons. If they do, it may be considered wrongful termination.

What Is Wrongful Termination?

Wrongful termination means an employee was fired in a way that breaks state or federal laws. It happens when the reason for the firing is illegal, violates an employment contract, or goes against public policy.

Here are some examples of what counts as wrongful termination in California:

  1. Discrimination 
    • Fired because of race, gender, age, religion, disability, or sexual orientation. 
    • Example: An employee is fired after revealing they are pregnant — this is illegal. 
  2. Retaliation 
    • Fired for reporting illegal or unsafe behavior at work. 
    • Example: An employee tells the manager about harassment, and then they're fired for "causing trouble." 
  3. Violation of an Employment Contract 
    • Fired even though the contract promised job security or specific conditions for termination. 
  4. Whistleblower Protection Violations 
    • Fired for reporting an employer's illegal actions to government authorities. 
  5. Taking Protected Leave 
    • Fired for taking medical leave, family leave, or military leave allowed under the law. 

Example 1: Reporting Unsafe Conditions

Imagine that Maria works in a warehouse in San Diego. She reports unsafe working conditions to her supervisor. A week later, she is fired with no explanation. Because she was punished for speaking up, this could be considered wrongful termination under California law.

Example 2: Discrimination

John, who is 55, works for a tech company in Los Angeles. His younger coworkers get promoted, but he doesn't. Later, the company fires him and says they want "new energy." This may count as age discrimination, which makes his firing wrongful.

Laws That Protect Employees in California

California has some of the strongest worker protection laws in the U.S. Some key ones include:

  1. Fair Employment and Housing Act (FEHA): Protects employees from discrimination and harassment. 
  2. California Labor Code: Protects employees who report wage theft, unsafe work conditions, or other violations. 
  3. Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA): Protect employees who take family or medical leave. 
  4. Whistleblower Protection Act: Protects employees who report illegal actions by their employer. 

If an employer violates these laws, the employee may have a wrongful termination case.

What Should You Do If You Think You Were Wrongfully Terminated?

If you believe your firing was unfair or illegal, here are simple steps to follow:

1. Stay Calm and Collect Evidence

Gather documents and details that support your case, such as:

  • Emails, texts, or letters from your employer 
  • Witness statements from coworkers 
  • Performance reviews or company policies 
  • Pay stubs and work schedules 

2. Write Down Everything

Make notes about what happened — when you were fired, what was said, and who was involved. Small details can be very helpful later.

3. Do Not Sign Anything Right Away

Sometimes employers ask you to sign forms or agreements when you're fired. Don't sign without understanding what it means — it could limit your rights.

4. File a Complaint

You may file a complaint with:

  • The California Civil Rights Department (CRD) if discrimination or harassment was involved. 
  • The U.S. Equal Employment Opportunity Commission (EEOC) for federal discrimination cases. 
  • The Labor Commissioner's Office for wage or retaliation issues. 

5. Talk to a Lawyer

A wrongful termination lawyer can review your situation and tell you if you have a strong case. Many lawyers offer a free consultation and only get paid if you win.

How Long Do You Have to File a Claim?

Deadlines are very important. If you wait too long, you may lose your right to take legal action.

  • For discrimination cases, you usually have three years from the date of termination to file with the CRD. 
  • For federal discrimination cases, you must file with the EEOC within 300 days. 
  • For wage or retaliation cases, you generally have one year to file with the Labor Commissioner. 

A lawyer can help you make sure you meet the correct deadline for your case.

Possible Compensation for Wrongful Termination

If you win your case, you may receive:

  • Back pay: Lost wages from the time you were fired until the case ends. 
  • Future pay: Compensation for income you would have earned. 
  • Emotional distress: For the stress and pain caused by the firing. 
  • Punitive damages: Extra money to punish the employer for serious wrongdoing. 
  • Attorney's fees and costs: Your legal expenses may be covered. 

Why Hiring a Lawyer Helps

Wrongful termination cases can be complicated. A lawyer can:

  • Review your evidence and explain your rights. 
  • File the right paperwork before deadlines. 
  • Negotiate with your employer for a settlement. 
  • Represent you in court if needed. 

Having a lawyer by your side helps you get fair treatment and increases your chances of success.

Example 3: Whistleblower Case

David works at a financial company in San Diego and reports illegal billing practices. A month later, he is fired. He contacts a lawyer who files a claim under California's Whistleblower Protection Act. The lawyer helps David win a settlement that covers his lost income and emotional distress.

How to Prevent Wrongful Termination

While not every firing can be avoided, employees can protect themselves by:

  • Keeping written records of performance reviews. 
  • Saving all work-related emails. 
  • Knowing their rights under California law. 
  • Speaking up respectfully if they face discrimination or retaliation. 

Final Thoughts

So, what counts as wrongful termination in California?

It happens when an employer fires someone for illegal reasons — like discrimination, retaliation, or reporting unsafe or unlawful activities. While California allows "at-will" employment, the law still protects workers from unfair and unlawful treatment.

If you think your firing was wrongful, act quickly. Gather your evidence, understand your rights, and contact an experienced employment lawyer at Seven Legal APC for help. With the right support from Seven Legal APC, you can stand up for yourself, seek justice, and protect your future.