How can I determine if my termination from a California job qualifies as "wrongful termination"?
In California, a termination is "wrongful" if your employer fired you for an illegal reason, which creates an exception to the state's "at-will" employment rule. Here is how to determine if your situation may qualify.
Step 1: Confirm You Are Not Bound by a Specific Contract
Review any employment agreement you signed. If you have a contract that specifies you can only be fired "for cause," your termination for any other reason may be a breach of contract, which is a form of wrongful termination. Most employees, however, are "at-will."
Step 2: Identify if the Termination Violates Public Policy
Consider if you were fired shortly after engaging in a legally protected activity. Common examples include being fired for:
- Reporting or refusing to participate in illegal activity (whistleblowing under Labor Code 1102.5).
- Filing a workers' compensation claim.
- Taking protected family or medical leave.
- Performing jury duty.
Step 3: Check for Unlawful Discrimination or Retaliation
Under the Fair Employment and Housing Act (FEHA), it is illegal to be fired based on a protected characteristic. These include your race, religion, gender identity, sexual orientation, national origin, disability, or age (if 40 or older). It is also illegal to be fired in retaliation for complaining about discrimination or harassment.
Step 4: Gather Your Documentation
Collect all documents related to your employment and termination. This includes your termination letter, performance reviews (especially positive ones), pay stubs, employment contract, employee handbook, and any relevant emails or text messages. This evidence is essential to building a potential case.
Step 5: File a Complaint with the Civil Rights Department (CRD)
If you believe you were fired for a discriminatory or retaliatory reason, you must file a complaint with the California Civil Rights Department. You generally have three years from the date of your termination to file this complaint. You can start the process online at calcivilrights.ca.gov.
Important details and nuances:
Being fired for a reason that is merely unfair, such as a personality conflict with your boss, is not illegal under the at-will rule. The burden is on you, the employee, to provide evidence linking your termination to a specifically illegal motive, such as discrimination or retaliation.
Warnings and limitations:
The three-year deadline to file a complaint with the CRD for FEHA violations is strict. If you miss this deadline, you lose your right to sue for those claims.
This is general information and does not constitute legal advice. For complex situations, consult with a qualified California employment attorney to evaluate the specific facts of your case.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 14, 2025
Employment Law
Worker rights, wages, and employment regulations
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