Losing your job is difficult enough. But if you suspect your employer fired you for an illegal reason, the stakes are even higher. While California is generally an “at-will” employment state—meaning employers can let you go for almost any reason—there are important exceptions.
This article explains when a termination crosses the legal line, how to recognize the signs of wrongful termination, and what steps you can take if it happens to you.
What is Wrongful Termination in California?
Wrongful termination occurs when an employer fires an employee in violation of the law or public policy. Even in an at-will state like California, your employer cannot terminate you for reasons that are discriminatory, retaliatory, or otherwise unlawful.
Common unlawful reasons for termination include:
- Discrimination based on protected characteristics such as race, gender, age (40+), disability, pregnancy, religion, sexual orientation, national origin, marital status, or medical condition.
- Retaliation for asserting your rights, including:
- Reporting discrimination, harassment, unsafe working conditions, or wage violations
- Taking protected leave, such as family or medical leave under the Family Medical Leave Act (“FMLA”) or the California Family Rights Act (“CFRA”)
- Requesting accommodations for a disability or religious belief
- Filing a workers’ compensation claim
- Participating in a workplace investigation
- Disclosing suspected violations of law
- Refusing to break the law at your employer’s request (such as declining to commit fraud or violate safety regulations)
- Breach of contract, whether written, oral, or implied. If your employer made specific promises about job security or termination procedures and failed to honor them, you may have a claim.
Even in an at-will job, the law draws a clear line: your employer cannot fire you for exercising your rights or based on who you are. If they do, you may have grounds to take legal action.
Common Signs of Wrongful Termination
Not every firing is wrongful. But certain red flags may suggest something illegal occurred. Ask yourself:
Was the timing suspicious? Were you fired soon after reporting a workplace issue or requesting leave?
Were policies ignored? Did your employer skip their normal discipline or termination procedures?
Was the explanation vague or inconsistent? For example, being fired for being a “bad fit” after years of strong performance could raise questions.
Did someone replace you quickly — and with someone outside your protected class? That might point to discrimination.
Can I Pursue a Wrongful Termination Claim If I Quit My Job? (Constructive Termination)
You don’t have to be formally fired to bring a claim. If your employer made your working conditions so intolerable that you had no reasonable alternative other than to quit, you may have a claim for what is known as constructive termination (or constructive discharge).
What Should You Do if You Think You Were Wrongfully Terminated?
If you suspect you’ve been wrongfully terminated, consider taking the following steps:
- Write down everything. Keep notes about what happened — dates, conversations, and key documents.
- Preserve evidence. Save emails, texts, performance reviews, and anything else relevant.
- Don’t sign anything without reviewing it. Severance agreements may waive your rights.
- Talk to an employment attorney. An experienced lawyer can help you assess your options and determine whether you have a case.
There are strict deadlines for certain types of claims. For example, discrimination or retaliation claims often require filing with the Equal Employment Opportunity Commission (“EEOC”) or the California Civil Rights Department (“CRD”) before filing a lawsuit — and the clock starts ticking from the date of your termination.
Know Your Rights. Take the Next Step.
Wrongful termination isn’t just about losing a job—it’s about losing your livelihood unfairly. If you’ve been fired and suspect the reason was illegal, don’t wait to find out your rights.
An experienced California employment attorney can help you evaluate what happened, explain your options, and guide you through the next steps. If you think your termination crossed the line, contact an attorney to protect your rights today.