Losing a job is never easy — but when your dismissal happens under unfair or illegal circumstances, it’s considered wrongful termination. In California, employees are protected by some of the most comprehensive labor laws in the United States, ensuring fair treatment in the workplace.
Wrongful termination occurs when an employer fires an employee in violation of state or federal law, an employment contract, or public policy. While California is an “at-will” employment state — meaning that employers can terminate employees without cause — there are critical exceptions that protect workers from being dismissed unfairly.
What Qualifies as Wrongful Termination?
A termination may be classified as “wrongful” if it violates an employee’s legal rights. Common examples include:
- Discrimination: Being fired due to race, gender, age, religion, sexual orientation, disability, or pregnancy.
- Retaliation: Losing your job after reporting illegal activity, workplace harassment, or safety violations.
- Violation of Public Policy: Being terminated for refusing to engage in unlawful acts, taking legally protected leave, or serving on a jury.
- Breach of Contract: Being dismissed before the completion of a contractual employment period or against written agreements.
- Constructive Discharge: When an employer creates unbearable work conditions to force an employee to resign.
Employees who experience any of these situations may have grounds to file a claim under California employment law.
For reference, the California Department of Fair Employment and Housing (DFEH) provides additional guidance on employment discrimination and retaliation.
Your Legal Rights as an Employee
Under California law, workers are entitled to a safe and fair workplace. The Fair Employment and Housing Act (FEHA) and federal statutes such as Title VII of the Civil Rights Act protect employees from unlawful dismissal.
If you believe you were terminated for discriminatory or retaliatory reasons, you have the right to:
- File a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).
- Seek reinstatement to your position or pursue legal remedies for the damages caused.
- Consult an experienced employment attorney in California to evaluate your claim and represent you in negotiations or court.
For step-by-step details, visit the official California Civil Rights Department website.
How to Prove a Wrongful Termination Case
To successfully pursue a wrongful termination claim, you must establish evidence that your employer’s decision violated your rights. Important documentation may include:
- Emails, text messages, or written communications showing retaliation or discrimination.
- Employment contracts or performance reviews contradicting the employer’s stated reason for dismissal.
- Witness statements from colleagues aware of the circumstances leading to your termination.
- Official complaints or HR reports related to workplace misconduct or safety issues.
An experienced employment attorney can help collect, organize, and present this evidence effectively to support your case.
Steps to Take After Being Wrongfully Terminated
If you believe your dismissal was unlawful, take the following actions as soon as possible:
- Document Everything: Write down details of the incident, including dates, names, and any statements made during your termination.
- Request Your Personnel File: Under California law, you have the right to request a copy of your employment records.
- Avoid Signing Documents Without Legal Review: Employers sometimes ask employees to sign release forms that waive future claims — always have an attorney review them first.
- Consult an Attorney Early: Legal deadlines (known as statutes of limitation) apply to wrongful termination claims, so prompt action is essential.
If your case involves workplace safety violations, you may also reference the California Division of Occupational Safety and Health (Cal/OSHA) resources on retaliation protection.
The Role of an Employment Attorney
An attorney specializing in wrongful termination cases provides essential guidance in assessing whether your firing violated California labor laws. They can:
- Review your employment history and correspondence to identify unlawful patterns.
- File claims with the appropriate state or federal agencies.
- Negotiate settlements or represent you in court proceedings.
- Protect your reputation and future employment prospects during the legal process.
Legal expertise ensures that your case is supported by strong evidence and filed within the required deadlines.
Standing Up for Employee Rights
Wrongful termination not only disrupts your financial stability but can also deeply affect your sense of justice and dignity. California law empowers workers to challenge unfair dismissals and hold employers accountable for unlawful practices.
If you believe you’ve been wrongfully terminated, don’t face it alone. Hackett Law Firm’s employment attorneys in California are committed to helping workers understand their rights, gather critical evidence, and pursue fair legal remedies.
Our team provides clear, results-driven representation for employees navigating retaliation, discrimination, or contract disputes. Take the first step toward justice and protect your career by reaching out for a confidential consultation.
Contact our employment law team to discuss your situation and explore your legal options.
