Let go for the wrong reasons?
Wrongful termination · California
Was I fired illegally?
California is an at-will state, but many firings still break the law. Check the warning signs, what to do in the first week, and how retaliation law works.
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Warning signs
When a firing deserves a second look
It came right after you spoke up
A complaint about pay, safety, harassment or illegal conduct shortly before the firing.
It followed a leave or medical issue
Pregnancy, a disability, a workers' comp claim, or a request for family or medical leave.
The reasons keep changing
One explanation at the meeting, a different one in writing, another to unemployment.
Others were treated differently
Co-workers who did the same thing and kept their jobs.
Comments about who you are
Remarks about age, race, accent, religion, gender or sexual orientation.
A clean record until recently
Good reviews followed by a sudden run of write-ups.
This week
Do this before you sign anything
Request your personnel file and payroll records in writing, check that your final paycheck was complete and on time, apply for unemployment, and read any severance agreement carefully before signing. The first-week checklist explains each step.
Case review
5 quick questions
About a minute. Not a law firm. Submitting this form does not create an attorney-client relationship. Your information may be shared with participating attorneys who may contact you.
Guides
Start with these
Was I fired illegally? A California checklistCalifornia is at-will, but the list of illegal reasons to fire someone is long. Check yours against it.Read the guide
Fired in California? What to do in the first weekFinal pay, records, unemployment, health coverage and severance, in the order they come up.Read the guide
Retaliation after a complaint: how California law protects youThe law protects the complaint, not just the outcome. And since 2024, timing alone can shift the burden.Read the guideFAQ
Frequently asked questions
- California is an at-will state. Can my employer fire me for any reason?
- Most California jobs are at-will (Labor Code 2922), which means an employer can usually end employment without cause. But a firing is still illegal if it is based on a protected characteristic, is retaliation for protected activity, breaks a contract, or violates public policy.
- What makes a firing illegal?
- Common examples: discrimination based on race, sex, pregnancy, age (40+), disability, national origin, religion, sexual orientation or other protected traits (Government Code 12940); retaliation for reporting a violation of law (Labor Code 1102.5) or complaining about pay (Labor Code 98.6); and firing for taking protected family or medical leave (Government Code 12945.2).
- What are the deadlines?
- For discrimination, harassment and retaliation under the Fair Employment and Housing Act, you generally must file a complaint with the California Civil Rights Department within three years (Government Code 12960), and then have one year after receiving a right-to-sue notice to file in court (Government Code 12965). A claim for wrongful termination in violation of public policy generally has a two-year limit (Code of Civil Procedure 335.1).
- When must I get my final paycheck?
- If you are fired, all wages are due immediately at the time of termination (Labor Code 201). If you quit without notice, they are due within 72 hours, or on your last day if you gave at least 72 hours' notice (Labor Code 202). A late final paycheck can trigger waiting-time penalties of up to 30 days' wages (Labor Code 203).
- Does the size of my employer matter?
- Yes. California's discrimination protections under FEHA apply to employers with five or more employees, while harassment protections apply to employers of any size (Government Code 12926 and 12940(j)). Some leave laws have other thresholds.
- My employer offered me a severance agreement. Should I sign it?
- Read it carefully before signing; it usually asks you to give up legal claims. In many cases California requires the employer to tell you that you have the right to consult an attorney about the agreement and to give you at least five business days to do so (Government Code 12964.5). That rule does not cover a negotiated settlement of a claim you have already filed. If you are unsure, ask before you sign.
- Do these protections apply regardless of immigration status?
- Yes, with one narrow exception. California law makes its labor and employment protections, rights and remedies available to all workers regardless of immigration status, except a reinstatement remedy that federal law prohibits (Labor Code 1171.5). Our case-review form never asks about immigration status.
General information about California law, not legal advice.
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