Wrongful Termination in California: When Is It Illegal to Fire Someone?

Losing your job is never easy, but it’s especially painful if you suspect your termination was unlawful. While employers have significant discretion over firing decisions, there are limits. If your dismissal violates the law, you may have a wrongful termination claim.

California is an “at-will” employment state, meaning your boss can fire you for almost any reason—or even no reason at all. But there are important exceptions that protect employees from wrongful termination. Here’s what you should know.

Exceptions to At-Will Employment

Even in an at-will state like California, it’s illegal to fire someone:

1. Based on discrimination: An employer cannot terminate you based on protected characteristics such as race, color, national origin, sex, gender identity, sexual orientation, age, disability, or religion.
2. In retaliation for protected activities: It’s unlawful to fire an employee for reporting harassment, filing a discrimination complaint, taking protected leave, or engaging in whistleblowing.
3. In violation of an employment contract: If you have a written, verbal, or implied contract limiting the reasons you can be fired, a termination breaching that contract may be wrongful.
4. In violation of public policy: An employer cannot dismiss you for reasons that violate a fundamental public policy, such as firing you for refusing to commit an illegal act.

Let’s take a closer look at each of these exceptions.

Discrimination

Under the California Fair Employment and Housing Act (FEHA), it’s unlawful for an employer to fire someone based on certain protected characteristics. These include:

• Race or color
• National origin or ancestry
• Religion or creed
• Age (40 and over)
• Mental or physical disability
• Sex or gender (including pregnancy)
• Sexual orientation
• Gender identity or expression
• Medical condition
• Genetic information
• Marital status
• Military or veteran status

An employer who terminates an employee primarily because of any of these traits may be liable for wrongful termination. Even if the employer has some other reason for the firing, discrimination doesn’t have to be the only factor to be unlawful.

Retaliation

California law prohibits employers from retaliating against employees for asserting their legal rights or engaging in protected activities. Some common examples of retaliation include terminating an employee for:

• Filing a discrimination or harassment complaint
• Reporting unsafe working conditions
• Taking family or medical leave
• Requesting disability accommodations
• Complaining about unpaid wages or overtime
• Cooperating in an investigation of the employer

Retaliation cases can be tricky because employers will often point to another justification for the firing. But if the protected activity was a substantial motivating reason for the termination, it may still be unlawful.

Breach of Contract

At-will employment can be modified by contract. If your employer makes promises about job security or the reasons you can be fired, they may be bound by those assurances.

Employment contracts can be written, oral, or implied by the employer’s actions. For example, if your boss tells you in your interview that you’ll have a job for at least a year, you may have an implied contract. An employer who fires you without good cause before that year is up may be breaching the agreement.

Similarly, if your employee handbook outlines a progressive discipline policy that your employer fails to follow, you may have a claim for violation of an implied contract. The key is showing that the employer’s words or actions created a reasonable expectation that you wouldn’t be fired without cause.

Violation of Public Policy

It’s unlawful for an employer to terminate an employee for reasons that violate a fundamental public policy. This “public policy exception” to at-will employment is an important protection for workers asked to do something illegal or unethical.

Some examples of terminations that may violate public policy include firing an employee for:

• Refusing to commit perjury or falsify records
• Reporting an employer’s unlawful conduct (whistleblowing)
• Performing a legal obligation like jury duty
• Exercising a statutory right, such as taking voting leave

In these cases, the employee is essentially being punished for doing the right thing. The public policy exception encourages workers to follow the law and protects them from retaliation when they do.

Signs You May Have Been Wrongfully Terminated

Some red flags that your termination might have been unlawful include:

• Being fired shortly after revealing a pregnancy
• Being dismissed after complaining about harassment
• Getting terminated while on approved medical leave
• Being let go after reporting illegal conduct
• Being replaced by a significantly younger employee
• Noticing that others of the same race, age, or gender were also fired
• Being fired without warning despite positive performance

If any of these sound familiar, it’s worth discussing your situation with an employment lawyer. An attorney can help you assess whether you have a viable wrongful termination claim and advise you on your options.

Standing Up for Your Rights

If you believe you’ve been wrongfully terminated, you may be entitled to damages, including lost wages, emotional distress, and even punitive damages in some cases. But you have to act quickly, as the deadline to file a wrongful termination claim can be as short as one year.

At TONG LAW, we’re dedicated to fighting for employees’ rights in the workplace. If you’ve been wrongfully fired, we can help you hold your employer accountable and seek the justice you deserve.

Don’t let your employer get away with an illegal termination. Contact us today for a confidential consultation and take the first step toward vindicating your rights.