California’s “at-will” employment laws generally allow employers and employees to terminate their working relationship without prior notice and for any reason. However, important exceptions apply to public policy, antidiscrimination laws, protected leave, and a whole host of legal regulations pertaining to workers’ rights.
If an employer terminated you for protected activity, protected characteristics or for exercising your rights, you may have been a victim of an illegal firing. Consult with a wrongful termination attorney to learn more about your rights and discuss your legal options.
A wrongful termination, sometimes called an illegal termination, unjust termination, unfair termination or wrongful dismissal, happens when an employer ends an employee’s job for reasons that violate federal or state employment laws. Even though California is an “at-will” employment state, employers cannot legally fire their subordinates for unlawful reasons. Employees who were wrongfully fired may have the right to pursue legal action.
In some cases, an employer may make working conditions so intolerable that a reasonable employee feels forced to resign. This is known as constructive discharge, and it can be treated as a wrongful termination under California law if the resignation was effectively compelled by unlawful conduct.
If you successfully pursue a wrongful termination claim against your employer, you may be entitled to recover financial compensation for your job loss, as well as certain non-monetary remedies. What you may be awarded depends on the facts of your case.
Economic damages may include:
Non-Economic Damages May Include:
If your employer’s behavior was especially egregious – for example, acting with fraud, oppression, or malice – the court may also award punitive damages to punish the employer and deter future misconduct.
Wrongful termination can affect not only your financial stability, but also your professional standing and emotional well-being. An experienced employment attorney can help evaluate what forms of recovery may be available in your situation.
To pursue a wrongful termination claim, you will need comprehensive documentation and may be required to file with the appropriate agency, depending on the type of allegation involved. An experienced wrongful termination attorney can help you gather evidence, determine the correct filing procedures, and, if necessary, initiate a lawsuit against your employer.
A potential victim of wrongful termination should gather the following evidence:
Once you gather your evidence, you may need to file an administrative complaint with the appropriate agency before filing a lawsuit. A wrongful termination attorney can guide you through this process, ensure that you do not miss any deadlines and keep track of all procedural requirements.
Your time limit for filing a wrongful termination claim against your employer in California will depend on the allegations you are making in your case. Wrongful termination claims can include violations of public policy, antidiscrimination claims and breaches of employment contracts or company policies. Consult with an attorney to determine the basis of your claim for wrongful dismissal.
An employer may be sued for wrongful termination in violation of public policy if an employee is fired for performing a legal obligation, refusing to engage in illegal conduct, reporting unlawful activity, or exercising protected rights. These claims generally must be filed within two years of the date of termination.
Claims for breach of an implied contract, based on oral promises, employer conduct, or workplace policies suggesting continued employment, also typically carry a two-year statute of limitations.
Employees whose rights under the Fair Employment and Housing Act (FEHA) were violated generally have three years from the date of the unlawful act to file an administrative complaint with the California Civil Rights Department (CRD). After receiving a right-to-sue notice from the CRD, an employee typically has one year to file a lawsuit in court. Many discrimination and retaliation claims fall under this framework.
Under the California Worker Adjustment and Retraining Notification (WARN) Act, employers with 75 or more employees must provide at least 60 days’ notice before certain mass layoffs, plant closures, or relocations. Employees may seek damages if an employer fails to provide the required notice. These claims generally follow a three-year statute of limitations.
Certain whistleblower retaliation claims under California law also carry a three-year deadline. In some federal whistleblower cases, such as those involving securities violations, an administrative complaint may need to be filed with a federal agency within a much shorter period of time. Deadlines for federal claims can vary depending on the statute involved.
If your termination violates the terms of a written employment contract, you generally have four years from the date of termination to file a lawsuit for breach of contract.
Some wrongful termination claims require that you file an administrative complaint with a government agency before filing a lawsuit in court. The applicable deadline may depend on the specific legal theory involved. In most cases, the statute of limitations begins running on the date of termination.
Because filing deadlines are strictly enforced and can vary based on the facts of your case, it is important to consult with an employment attorney as soon as possible to protect your rights.