Losing a job is hard enough. Finding out you were fired for an illegal reason makes it worse. Legal deadlines may begin running when the termination or other unlawful act occurs, so it is important to seek advice promptly.

California has some of the strongest worker protection laws in the country. The Labor Code, the Fair Employment and Housing Act (FEHA), and the California Family Rights Act (CFRA) all create specific rights that employers cannot legally override, no matter what your at-will employment agreement says.

1 Write Down Everything You Remember – Right Now

Before you do anything else, open a document and record: the exact date you were told you were being terminated; who told you (their name, title, and exact words); the stated reason given for termination; any relevant events in the days leading up to your termination (such as performance reviews, complaints you filed, or any protected leave you took); and the names of any coworkers who witnessed anything relevant.

2 Preserve Every Communication You Legally Have Access To

Do not delete anything. Do not log in to company systems and take documents you were not authorized to access. Do take:

• Personal emails you sent or received from your personal account
• Text messages with supervisors or HR
• Performance reviews already in your possession
• Any written reprimands, improvement plans, or commendation letters
• Your own notes, calendars, and records

3 Do Not Sign Anything – Call a Lawyer First

If your employer offers a severance package, the agreement may include a release of legal claims. Before you sign anything:

• Read it carefully
• Ask how many days you have to decide
• Consult a California employment attorney

Most employment attorneys offer free initial consultations.

4 Consult a California Wrongful Termination Attorney

Most wrongful termination attorneys in California take cases on contingency — you pay nothing upfront. A contingency fee representation must state whether the client will be responsible for costs if there is no recovery. At your consultation, bring:

• Your written record
• All documents in your possession
• Any severance agreement offered (unsigned if possible)
• Your employment contract or offer letter
• Pay stubs or W-2s

California’s FEHA does not cap damages. Punitive damages are available when an employer’s conduct was malicious or oppressive.

5 Identify Whether Your Firing Was Actually Illegal

Your termination may be illegal if you were fired because of:

Protected Characteristics (FEHA — Cal. Gov. Code § 12940):

• Race, color, national origin, or ancestry
• Sex, gender identity, or gender expression
• Sexual orientation
• Age (40 and over)
• Disability (mental and physical)
• Medical condition
• Pregnancy
• Religion
• Marital status

Protected Activities (Retaliation):

• Filing a complaint with a government agency
• Reporting unsafe working conditions
• Requesting or taking CFRA or FMLA leave
• Reporting wage theft or Labor Code violations
• Filing a workers’ compensation claim

Public Policy Violations (Tameny Claims):

• Refusing to commit an illegal act
• Whistleblowing under Labor Code § 1102.5
• Exercising a legal right such as voting or jury duty

Breach of Contract:

• You had an employment contract (written or implied) that was violated by the termination

6 File a Complaint with the California Civil Rights Department (CRD)

If your termination involved discrimination, harassment, or retaliation under FEHA, you must file an administrative complaint with the CRD before you can file a lawsuit. FEHA deadline: 3 years from the date of the discriminatory or retaliatory act. For Labor Code retaliation claims, you may file with the Labor Commissioner’s office instead. File online at calcivilrights.ca.gov or call (800) 884-1684.

7 Track Your Financial Losses and Collect Information Regarding Damages

California wrongful termination plaintiffs can recover back pay and front pay. To calculate these losses, keep a record of:

• Date of termination and final paycheck
• Every job application you submit
• Every interview you attend
• Every job offer received and the salary offered
• Income from any new position you take

Courts call this the duty to mitigate – you must make reasonable efforts to find comparable work.

Frequently Asked Questions