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.
Step 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.
Step 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
Step 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.
Step 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.
Step 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
Step 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.
Step 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
Can my employer fire me for any reason in California?
California is an at-will employment state, but there are significant exceptions. Employers cannot fire employees because of protected characteristics, for exercising legal rights, in retaliation for protected activities, or in violation of an employment contract.
How do I know if I was wrongfully terminated?
Timing is often one of the clearest signals. If you were fired shortly after filing a complaint, taking protected leave, reporting illegal activity, or disclosing a pregnancy or disability, that pattern may support a retaliation claim. However, there may be other signs of wrongful termination, such as inconsistent explanations, unequal treatment, discriminatory comments, or a sudden negative performance review. An experienced employment attorney can review the specific circumstances and help you determine whether your legal rights may have been violated.
How long do I have to file a wrongful termination claim in California?
FEHA discrimination and retaliation claims: 3 years from the act to file with the CRD. Wage and hour claims: typically 3 years for statutory claims, up to 4 years under California UCL. Breach of contract claims: 4 years (written) or 2 years (oral). These are strict deadlines, therefore it is crucial that you contact an attorney as soon as possible.
What is my wrongful termination case worth?
The value of a wrongful termination case can vary significantly depending on the specific facts, available evidence, financial losses, emotional harm, and the employer’s conduct. An experienced employment attorney can evaluate your circumstances and provide a better understanding of the potential value of your claim.
Do I need a lawyer to file a wrongful termination claim?
You can file an administrative complaint with the CRD or EEOC on your own. However, having an experienced employment attorney significantly increases your likelihood of recovering maximum compensation.
Legal Disclaimer: This blog post is provided for general informational purposes only and does not constitute legal advice. Employment laws, filing deadlines, and available remedies depend on the specific facts of each situation and may change over time. Reading this article, using this website, submitting an inquiry, or contacting Blackstone Law does not create an attorney-client relationship. An attorney-client relationship is established only through a written agreement signed by the firm and the client. Do not rely solely on this information to calculate a legal deadline, determine whether you have a claim, or decide whether to sign a severance or other agreement. Consult a qualified California employment attorney promptly regarding your circumstances. Past results do not guarantee or predict a similar outcome.