If you were recently fired and something about it does not feel right, you are probably wondering whether you have a case. Maybe the explanation did not add up. Maybe the timing was suspicious. Maybe you had years of good performance and suddenly everything changed.
Not every firing is illegal—but many are. There is a lot of overlap between what is unfair and what is unlawful, but they are not the same thing. California is an at-will employment state, meaning employers can generally let you go for any reason—or no reason at all—even if it feels unfair. However, when the real reason crosses the line into unlawful territory, you may have a wrongful termination claim.
The Reason Behind the Firing Matters
The strength of a wrongful termination case depends on why you were fired. Even if your employer gave a reason—“performance issues” or “restructuring”—what matters is whether the real reason was illegal. Common illegal reasons for termination in California include:
Discrimination. Your employer cannot fire you because of your race, sex, age, disability, pregnancy, religion, sexual orientation, national origin, or other protected characteristic.[1]
Retaliation. If you were fired after reporting discrimination, harassment, safety violations, wage theft, or other suspected legal violations, your termination may have been retaliation.[2]
Taking or requesting protected leave. If you were fired while on protected medical or family leave, shortly after returning from leave, or after requesting leave your employer did not want to grant, that is a red flag.[3]
Exercising a legal right or refusing to violate the law. If your employer fired you for refusing to do something illegal, for reporting a legal violation, or for exercising a right that California law protects, that may be wrongful termination in violation of public policy.
Breach of contract. If your employer made specific promises about your job security or termination procedures—whether in a written contract, an employee handbook, or verbally—and failed to honor them, you may have a breach of contract claim.
Signs Your Firing May Have Been Illegal
There is no single test for wrongful termination, but certain patterns show up in strong cases. Ask yourself:
Was the timing suspicious? Were you fired shortly after reporting a problem, requesting leave, or engaging in another protected activity? If things changed quickly after you spoke up, that is one of the most telling signs.
Was the explanation vague or inconsistent? Phrases like “not a good fit” or “going in a different direction” are often used to disguise the real reason. If the explanation does not match your actual performance or the story keeps changing, that may be evidence of pretext.
Did your employer skip its own procedures? If your employer skipped progressive discipline and went straight to termination—especially shortly after a complaint or leave request—it may suggest the real reason was something else.
Were you treated differently than others? If coworkers did the same thing and were not fired, or you were held to a stricter standard than people outside your protected group, that may support a discrimination or retaliation claim.
Were you replaced by someone outside your protected class? If you are over 40 and were replaced by someone decades younger, or you were fired while pregnant and replaced by someone who is not, those facts may be relevant to your claim.
What Makes a Case Strong—and What Makes It Harder
The strongest wrongful termination cases tend to involve a clear protected activity or characteristic, a short time gap between that activity and the firing, a weak or shifting explanation from the employer, and documentation—emails, texts, performance reviews—that supports the employee’s version of events. Cases may be especially strong when the employee had a clean work history and no prior discipline.
Cases can be harder when there is a long gap between the protected activity and the firing, when the employer has well-documented performance problems, or when the employee signed a severance agreement without consulting an attorney first. That said, a more difficult case is not a losing case. An experienced employment lawyer can help you understand whether the facts support a claim.
You Do Not Have to Figure This Out Alone
If you have recently been terminated and believe the reason may have been unlawful, an experienced California employment attorney can help you assess whether your termination gives rise to a legal claim. Do not wait too long—there are strict deadlines for filing wrongful termination claims, and the sooner you act, the better your chances of preserving important evidence.
Frequently Asked Questions
Can I sue for wrongful termination if I was an at-will employee?
Yes. At-will employment means your employer can fire you for any legal reason—not any reason at all. If the real reason was discrimination, retaliation, or another unlawful motive, you may have a claim regardless of your at-will status. An employment lawyer can help you evaluate whether the circumstances of your termination may have been illegal.
What if my employer says I was fired for poor performance but I had good reviews?
This is one of the most common scenarios in wrongful termination cases. When an employee has a strong track record and is suddenly fired for “performance” shortly after engaging in protected activity, that discrepancy may be evidence that the stated reason is pretextual. A wrongful termination lawyer can help you build the case around this evidence.
Can I still have a case if I quit instead of being fired?
Potentially. If your employer made your working conditions so intolerable that you had no reasonable choice but to resign, you may have a claim for constructive discharge. This can arise when an employer deliberately creates a hostile environment to force you out. An experienced employment lawyer can help you determine whether your situation may qualify.
I signed a severance agreement. Can I still bring a claim?
It depends on what the agreement says and the circumstances under which you signed. Some severance agreements may be unenforceable for various reasons. If you already signed, an employment attorney can review it. If you have not signed yet, you should talk to a lawyer before you do.
How much is a wrongful termination case worth?
The value depends on many factors, including your lost wages, the strength of the evidence, whether the employer’s conduct was particularly egregious, and the emotional impact of the termination. Cases involving retaliation, discrimination, or leave violations may result in significant recoveries. The best way to understand the potential value of your case is to consult with an employment lawyer.
How long do I have to file a wrongful termination claim in California?
Deadlines vary depending on the type of claim. Some claims require filing a complaint with a government agency before you can file a lawsuit, and each type of claim has its own timeline. Because missing a deadline can permanently bar your claim, consult with an attorney as soon as possible after you are terminated.
Take the Next Step
If you believe you were wrongfully terminated, Richardson Employment Law, P.C., can help you evaluate your situation. We represent employees throughout California, with offices in Sacramento and Roseville. Our consultations are free, and we handle cases on a contingency basis—there is no cost unless we recover compensation on your behalf. Call 916-963-7140 today to schedule a free case review.
This blog post is provided for general informational and marketing purposes only and should not be construed as legal advice. You should consult with a California employment attorney to obtain guidance tailored to your specific circumstances.
[1] See, e.g., Cal. Gov’t Code § 12940(a) (prohibiting employment discrimination on the basis of race, sex, age, disability, pregnancy, sexual orientation, and other protected characteristics); see also 42 U.S.C. § 2000e-2(a) (race, color, religion, sex, and national origin); 29 U.S.C. § 623 (age); 42 U.S.C. § 12112(a) (disability); 42 U.S.C. § 2000e(k) (pregnancy).
[2] See, e.g., Cal. Gov’t Code § 12940(h) (prohibiting retaliation against employees who oppose practices forbidden under the FEHA or who file complaints, testify, or assist in FEHA proceedings); Cal. Lab. Code § 1102.5 (prohibiting retaliation against employees who report suspected violations of law); Cal. Lab. Code § 6310 (prohibiting retaliation against employees who complain about workplace safety or health conditions).
[3] See Cal. Gov’t Code § 12945.2 (California Family Rights Act); see also 29 U.S.C. § 2601 et seq. (Family and Medical Leave Act).