California is an at-will employment state, meaning employers generally have wide latitude to end a job at any time. But that latitude is not unlimited. When a termination violates a specific law, public policy, contract, or anti-discrimination protection, it can amount to wrongful termination, and the employee may have a claim against their former employer. Even though California employers have broad discretion under at-will employment, that discretion has real limits, and employees are often unaware of the specific protections that may apply to their situation until they look into it further.
What Makes a Termination Wrongful?
A termination becomes wrongful when it is based on a reason that the law specifically prohibits. Common examples include firing someone because of their race, sex, age, disability, or another protected characteristic; firing an employee in retaliation for reporting illegal conduct, filing a workers’ compensation claim, or taking legally protected medical or family leave; and firing an employee for refusing to engage in illegal activity on the employer’s behalf.
Common Examples of Wrongful Termination
- Termination shortly after reporting harassment or discrimination
- Termination for taking leave under the Family and Medical Leave Act or California Family Rights Act
- Termination for refusing to violate safety regulations or other laws
- Termination in violation of an employment contract or collective bargaining agreement
- Termination based on a protected characteristic rather than job performance
Proving a Wrongful Termination Claim
Because California is an at-will state, employees generally need to show that the real reason for termination was unlawful, even if the employer offered a different, seemingly legitimate explanation. Evidence such as timing, inconsistent explanations, comments from supervisors, and how similarly situated coworkers were treated can all help establish that the stated reason was pretextual. Because these cases often turn on subtle details, a careful review of the surrounding circumstances is usually necessary before drawing conclusions. Employees can also review guidance from California’s Civil Rights Department on filing a complaint related to unlawful termination.
How This Differs From Constructive Discharge
Wrongful termination generally refers to situations where the employer directly ends the employment relationship. In some cases, however, an employer creates conditions so intolerable that an employee feels forced to resign. That situation is treated differently under the law and is known as constructive discharge, though it can lead to similar legal remedies.
What Employees Can Recover
Employees who successfully bring a wrongful termination claim may be able to recover lost wages and benefits, emotional distress damages, and in some cases punitive damages, along with attorney’s fees. The specific remedies available depend on the legal theory underlying the claim, and an early evaluation of the facts can help clarify which options apply and an experienced eye can often spot issues that are easy to overlook..
At Michael Yerzinkyan Law, we help employees figure out whether the circumstances surrounding their termination point to an unlawful motive and what options may be available.
Steps to Take If You Believe You Were Wrongfully Terminated
Employees who suspect their termination was unlawful benefit from acting promptly. Writing down a timeline of events, saving copies of performance reviews, emails, and any complaints made before the termination, and identifying coworkers who may have witnessed relevant conduct can all strengthen a potential claim. California and federal law also impose deadlines for filing complaints with agencies such as the Civil Rights Department or the Equal Employment Opportunity Commission, so it is important not to wait too long before seeking advice.
This article is intended for general informational purposes and does not constitute legal advice. If you believe you were wrongfully terminated, consider speaking with a licensed employment attorney about the specific facts of your situation.
The employment team at Michael Yerzinkyan Law represents California employees in wrongful termination matters and can review the circumstances of your termination, explain the deadlines that apply, and outline the options available to you.