Was I fired illegally? A California checklist

Most California jobs are "at will," so an employer does not need a good reason to fire you. What it cannot have is an illegal reason. Go through the list below and note anything that might apply.

Because of who you are

For employers with five or more employees, the Fair Employment and Housing Act prohibits firing someone because of (Government Code 12940):

• race (including traits historically associated with race, such as hair texture and protective hairstyles), color, national origin and ancestry;
• religious creed;
• sex, gender, gender identity, gender expression and sexual orientation;
• pregnancy, childbirth, breastfeeding and related conditions;
• age, for employees 40 and over;
• physical or mental disability, medical condition and genetic information;
• marital status, military and veteran status, and reproductive health decisionmaking.

Because you took, or asked for, leave

• Family and medical leave: employers with five or more employees must allow eligible employees up to 12 weeks of job-protected leave under the California Family Rights Act (Government Code 12945.2).
• Pregnancy disability leave: up to four months for disability caused by pregnancy (Government Code 12945).
• Disability accommodation: employers must reasonably accommodate a known disability and engage in a good-faith "interactive process."
• Sick leave, jury duty and witness leave are also protected (for example, Labor Code 230).

Because you spoke up

• Complaining about discrimination or harassment (Government Code 12940(h)).
• Reporting what you reasonably believe is a violation of law, to a government agency or to someone at work with authority to investigate, or refusing to take part in it (Labor Code 1102.5).
• Complaining about unpaid wages or other Labor Code rights (Labor Code 98.6).
• Filing a workers' compensation claim (Labor Code 132a).
• Raising a safety concern (Labor Code 6310).

More detail is in retaliation after a complaint.

Newer protections

• Off-duty cannabis use: since January 1, 2024, most employers may not discriminate based on a person's off-duty, off-site cannabis use, or on drug tests that detect only non-psychoactive cannabis metabolites (Government Code 12954). There are exceptions, including some construction trades and federally regulated jobs.
• Reproductive health decisions were added as a protected category in 2023.

Because of a promise

If you were promised, in writing or through consistent policy and practice, that you would be fired only for cause, at-will may not apply. See Labor Code 2922 and the implied-contract cases that interpret it.

If nothing on the list fits

A firing can be unfair without being illegal. But you are still owed your final pay on your last day, including accrued vacation, and you may qualify for unemployment benefits even if you were fired, unless it was for misconduct.