Think You Were Wrongfully Terminated in CA? 5 Signs You Might Have a Case

If you believe your termination was illegal, you may be right. While California follows the at-will employment doctrine, which allows employers to terminate employees for any reason or no reason at all, there are significant exceptions.

This article identifies five signs that your termination may have crossed legal boundaries and explains what steps you should take next.

1. You Were Fired Because of a Protected Characteristic

Under the California Fair Employment and Housing Act (FEHA), employers with five or more employees cannot terminate you based on protected characteristics, including:

• Race, color, or national origin
• Religion
• Age (40 and older)
• Disability
• Sex, gender identity, or gender expression
• Sexual orientation
• Marital status
• Medical condition
• Military or veteran status
• Genetic information

Federal laws such as Title VII of the Civil Rights Act and the Americans with Disabilities Act provide additional protections.

Signs of discrimination include:

• Your termination followed disclosure of a disability, pregnancy, or religious practice
• Your manager made comments about your age, accent, family planning, or other protected characteristics
• You were treated differently from colleagues of a different demographic
• Performance standards were applied inconsistently based on protected status

2. Your Termination Followed a Protected Activity

California law prohibits retaliation against employees who engage in legally protected activities. Under Labor Code Section 1102.5 and FEHA, you cannot be fired for:

• Reporting discrimination, harassment, or workplace safety violations
• Filing a complaint about wage theft or unpaid overtime
• Participating in an internal investigation
• Taking legally protected leave under the California Family Rights Act (CFRA) or the Family and Medical Leave Act (FMLA)
• Refusing to participate in illegal activities
• Supporting another employee’s complaint

Timing is key. If you were terminated days or weeks after engaging in a protected activity, this proximity strengthens your case.

Being fired while on approved FMLA leave, or shortly after returning from medical leave, raises immediate legal concerns. Employers are required to reinstate employees to the same or a comparable position following protected leave.

3. Your Employment Contract Was Violated

California generally presumes at-will employment, but this presumption can be overcome by an express or implied contract. If you had a written employment agreement specifying the terms and conditions under which you could be terminated, your employer must honor those terms.

Common contract provisions include:

• Requirements for progressive discipline
• Termination only “for cause”
• Advance notice before termination
• Specific procedures that must be followed

If your contract stated you could only be terminated for specific reasons, such as gross misconduct, and your employer fired you without meeting that standard, you may have a breach of contract claim.

Implied contracts can also arise from employee handbooks, policy manuals, or verbal assurances made during the hiring process. If your handbook outlined a progressive discipline policy and your employer skipped steps to terminate you, this may constitute a breach.

4. You Were Fired for Refusing to Break the Law

California recognizes wrongful termination claims based on violations of public policy. This means you cannot be fired for refusing to engage in illegal conduct or for exercising a legal right.

Examples include:

• Being terminated after refusing to falsify financial records or engage in fraud
• Losing your job for reporting illegal activities to a government agency
• Being fired for serving on jury duty
• Termination for filing a workers’ compensation claim (protected under Labor Code Section 132a)
• Being discharged for refusing to violate professional licensing standards

Public policy wrongful termination claims do not require a specific statute. They are grounded in the principle that employers cannot compel employees to violate the law or punish them for upholding legal obligations.

If your employer pressured you to engage in questionable practices and then terminated you when you resisted, gather evidence of those requests.

5. The Timing and Circumstances of Your Termination Seem Suspicious

Sometimes, the circumstances surrounding a termination reveal more than the stated reason.

Consult with a skilled employment attorney if any of the following apply:

• You received consistently positive performance reviews, but suddenly faced negative evaluations just before termination
• Your employer provided shifting or contradictory explanations for your firing
• Colleagues in similar positions were not terminated despite comparable or worse conduct
• Your termination occurred shortly after you raised concerns about workplace safety, discrimination, or illegal practices
• You were singled out for minor infractions that were routinely overlooked for other employees

Employers sometimes manufacture justifications for termination to obscure discriminatory or retaliatory motives. If the reasons provided do not align with your work history, these inconsistencies may indicate wrongful termination.

Pay attention to how your employer treated similarly situated employees. If others engaged in the same conduct but faced no consequences, this disparity can support a claim of discriminatory or retaliatory intent.

What Should You Do If You Suspect Wrongful Termination?

If you believe you were wrongfully terminated, take these steps immediately:

Gather Documentation

Collect your employment contract, employee handbook, performance reviews, emails, text messages, and any other records related to your termination. Create a timeline of events, noting key dates and interactions.

Request Your Personnel File

Under Labor Code Section 1198.5, California employees have the right to inspect and copy their personnel files. This file may contain performance evaluations, disciplinary records, and communications that support your claim.

File a Complaint with the Civil Rights Department (CRD)

If your termination involved discrimination or retaliation, you must file an administrative complaint with the California Civil Rights Department within three years of the termination. This is a prerequisite to filing a lawsuit under FEHA.

Consult an Employment Attorney

Wrongful termination cases are fact-intensive and legally complex. An experienced attorney can assess the strength of your claim, guide you through the administrative process, and represent you in negotiations or litigation.

At TONG LAW, we represent employees throughout California who have been wrongfully terminated. We analyze the circumstances of your dismissal, gather evidence, and build a compelling case to hold your employer accountable.

Potential Remedies for Wrongful Termination

If you successfully prove wrongful termination, you may be entitled to various remedies, including:

• Back pay: Wages lost from the date of termination to the resolution of your case
• Front pay: Compensation for future lost earnings if reinstatement is not feasible
• Emotional distress damages: Compensation for the psychological impact of wrongful termination
• Punitive damages: Additional damages designed to punish particularly egregious employer conduct
• Attorney’s fees and costs: Reimbursement for legal expenses incurred in pursuing your claim

In some cases, reinstatement to your former position may also be available, though many employees prefer monetary compensation over returning to a hostile work environment.

You Do Not Have to Accept an Unjust Termination

Being fired is disorienting and financially destabilizing, but if your termination violated California or federal law, you have legal options. Do not let your employer’s version of events go unchallenged, especially if the circumstances suggest discrimination, retaliation, or breach of contract.

At TONG LAW, we stand with employees who have been wrongfully terminated. We understand the stakes, and we are prepared to fight for the compensation and justice you deserve. Contact us today to discuss your case.