Wrongful Termination Attorneys · Los Angeles, California
You Were Fired. The Question Is Whether It Was Legal.
California is an at-will state — but that doesn't mean your employer can fire you for any reason. If you were terminated because of discrimination, retaliation, or a violation of your rights, the law is on your side. Our Los Angeles employment attorneys fight exclusively for employees.
$30M+ recovered for California workers · Free consultation · No fee unless we win
What Makes a Termination Wrongful in California?
California is at-will — but 'at-will' has limits. You can be fired for a good reason, a bad reason, or no reason. You cannot be fired for an illegal reason. There are several categories of illegal reasons, and California law is significantly stronger than federal law.
Discrimination & Retaliation
Fired because of who you are (race, age, sex, disability, pregnancy, religion, sexual orientation, gender identity) or what you did (reported harassment, filed a wage complaint, took medical leave, cooperated with an investigation). Even one incident can trigger liability. The connection between your protected status or activity and the firing is what matters.
Fired shortly after reporting a problem is the single strongest indicator of retaliation.
Contract & Public Policy Violations
Fired in violation of an express or implied employment contract — even an employee handbook can create contractual obligations. Fired in violation of public policy (called a 'Tameny claim') — like refusing to break the law, serving on a jury, filing a workers' comp claim, or exercising voting rights. The WARN Act adds another layer: 60 days' notice required in mass layoffs.
Even at-will employees have contractual and statutory protections most don't know about.
6 Situations People Don't Realize Count as Wrongful Termination
Many wrongful termination cases involve situations people dismiss because they don't immediately think of them as illegal — or they think the employer had a right to do it.
Fired After Taking Medical Leave
CFRA and FMLA protect your job when you take qualifying medical or family leave. If you were fired while on leave, right after returning, or because your employer didn't want to deal with your medical situation, that is retaliation for protected leave.
Laid Off Right Before Vesting
Conveniently fired three months before your stock options vest, your commission period closes, or your pension rights kick in? Terminations timed to deprive you of earned compensation are often actionable as breach of contract or fraud.
Fired After Reporting a Coworker or the Company
Reported sexual harassment, wage theft, OSHA violations, or workplace discrimination? Retaliation for these reports is illegal under multiple California statutes including Labor Code 1102.5, one of the strongest whistleblower protection laws in the country.
Performance Improvement Plans Followed by Termination
Suddenly placed on a PIP right after you complained, took leave, or returned from disability? PIPs used to manufacture a paper trail are a common retaliation tactic. The timing and your prior review history tell the story.
Constructive Termination
Forced out because your employer made your working conditions so intolerable that a reasonable person would quit? If you resigned after being demoted, had your pay cut, were harassed, or had responsibilities stripped — California treats that as a wrongful termination.
Mass Layoff Without 60-Day Notice
California's WARN Act requires employers with 75+ employees to provide 60 days' written notice before laying off 50+ workers. Employers who skip this owe each affected employee 60 days of back pay and benefits — regardless of any other claims.
Signs You May Have a Strong Case
Every situation is different. But cases with these facts are typically the strongest — and more likely to result in significant recovery.
You were fired within weeks or months of reporting a problem, taking leave, or filing a complaint
Your performance reviews were positive until the protected event (leave, report, complaint) occurred
The reason given for your termination is vague, inconsistent, or keeps changing
Other employees in similar situations — but outside your protected class — were not fired
You were fired without the standard HR process your employer uses for other terminations
You were pressured to sign a severance agreement very quickly after being fired
Your position was subsequently filled by someone outside your protected class
You have documentation: emails, messages, HR complaints, performance reviews, or witnesses
Don't count yourself out. Even if you don't see your situation above, California's wrongful termination protections are broader than most people know. The only way to know for sure is a free conversation with an attorney.
Why California's Wrongful Termination Protections Are Stronger
California's FEHA and Labor Code provide significantly more protection than federal law. Here's what matters for your case.
Broader protected classes
FEHA protects more characteristics than Title VII, including sexual orientation, gender identity, marital status, medical condition, and military status. California also covers employers with 5+ employees for harassment and 1 employee for harassment claims — much lower than federal thresholds.
3-year statute of limitations
Since 2020, California extended the filing deadline with the Civil Rights Department (CRD) to 3 years. Federal claims under Title VII must be filed within 300 days. California law gives you more time and more options.
Retaliation is its own violation
Being punished for reporting discrimination, harassment, wage theft, safety violations, or exercising legal rights is a separate illegal act under Labor Code 1102.5 — one of the most powerful whistleblower statutes in the country.
Attorney's fees if you win
Under FEHA, if you win your case, the employer typically pays your attorney's fees in addition to your damages. This is what makes contingency-fee representation viable for employees.
WARN Act protection
California's WARN Act covers employers with 75+ employees (lower than federal 100). It requires 60 days' written notice before mass layoffs, plant closings, or relocations. Violations mean 60 days of back pay per employee, regardless of any other claims.
Emotional distress damages
California courts award substantial emotional distress damages in wrongful termination cases. The psychological and financial harm of losing your job illegally is compensable — often one of the largest components of a recovery.
Who Can Be Held Liable
California law holds multiple parties responsible for wrongful termination in ways that go beyond what most people expect.
Your Employer — Automatic Liability
The company is directly liable for wrongful termination decisions made by management. Unlike harassment cases, you don't need to show the company 'knew' — the act of firing is itself the employer's act. Decision-makers at any level of management bind the company.
Supervisors & HR Personnel — Individual Liability
Under some theories (like harassment-based wrongful termination), supervisors and HR personnel may face personal liability for their roles in the decision to terminate, especially when they made discriminatory statements or manufactured the paper trail.
Parent Companies & Successors — Joint Employer Liability
If your employer was acquired, merged, or is a subsidiary, parent companies and successor entities can share liability depending on their involvement in operations and the termination decision.
We Handle Wrongful Termination Cases Across Every Industry
Wrongful termination happens everywhere — in tech companies, hospitals, restaurants, warehouses, and law offices. Here are the scenarios we see most often.
Technology & Startups
- →Engineer reports a data privacy violation internally. Three weeks later, she's placed on a PIP and fired. Her prior reviews were all 'exceeds expectations'.
- →Senior employee over 50 is told his 'skills aren't aligned with the company's direction' during a reorganization. He's replaced by someone in their 30s at a lower salary.
Healthcare & Medical
- →Nurse reports a physician for unsafe patient care. She's reassigned to night shifts, written up for minor infractions, then terminated for 'insubordination'.
- →Medical assistant takes CFRA leave to care for a parent with cancer. When she returns, her position has been 'eliminated' — but the same tasks are assigned to a new hire.
Restaurant & Food Service
- →Server files a wage complaint about tip pooling violations. Within two weeks, he's fired for a 'customer complaint' that no one can substantiate.
- →Line cook with a work injury files for workers' compensation. He's fired the following month with a vague explanation about 'restructuring'.
Retail & Customer Service
- →Store manager takes pregnancy leave. On return, she's told her role has been 'restructured' and offered a demotion at reduced pay — or nothing.
- →Employee reports a manager for racial harassment. HR says they investigated and found nothing. Two months later, she's fired for attendance.
Warehouse & Manufacturing
- →Warehouse worker refuses to falsify safety records and reports OSHA violations. He's fired the next week for a trivial equipment policy violation.
- →Undocumented worker is threatened: comply sexually or lose your job. She refuses. She's terminated. Her immigration status cannot be used as a reason to deny her legal protections.
Corporate & Office
- →Executive director requests accommodation for her disability. Her employer agrees verbally then systematically excludes her from meetings, reduces her responsibilities, and terminates her during a 'department restructure'.
- →Employee stock options vest in 90 days. She's abruptly laid off. Her position is posted externally two months later. Classic predatory timing.
What You Can Recover
California law allows wrongful termination victims to pursue several types of compensation. The value of a case depends on the severity of the conduct, what you lost, and the employer's response.
Lost Wages & Benefits
Past and future income you would have earned if not for the wrongful termination. Includes salary, bonuses, commissions, health insurance, retirement contributions, and stock options that were cut short.
Emotional Distress
Compensation for the anxiety, depression, humiliation, and trauma of being wrongfully fired. Often a significant component of the recovery, especially in cases involving discrimination or long-term employment.
Punitive Damages
Available when employer conduct is particularly malicious or oppressive — like terminating someone to suppress a safety whistleblower or to avoid paying earned compensation. Designed to punish and deter.
Attorney's Fees & Costs
Under FEHA, if you win your case, the employer pays your attorney's fees. You owe nothing out of pocket regardless of the outcome. We advance all litigation costs on your behalf.
Reinstatement
Courts can order your employer to give you your job back with full seniority. Most clients prefer financial damages, but reinstatement is an option available to you.
WARN Act Penalties
If your employer failed to give proper mass layoff notice, you are entitled to 60 days of back pay and benefits per employee — a separate, automatic entitlement on top of any other claims.
California Has Strict Deadlines — Don't Wait
For FEHA claims (discrimination and retaliation), you have 3 years from termination to file with the Civil Rights Department. For federal claims under Title VII, that deadline drops to 300 days. For common law wrongful discharge, you have 2 years. Missing any of these deadlines permanently bars your right to compensation, with no exceptions.
The earlier you speak with an attorney, the more time there is to gather evidence, identify witnesses, and build the strongest possible case.
Evidence That Can Support Your Wrongful Termination Case
You don't need to have kept a perfect file. Most people don't know they've been wrongfully terminated until after they're gone. Here's what matters — and what you may already have.
Termination Documents
The letter, email, or verbal statement about why you were fired. If the reason keeps changing, each version is evidence of pretext.
Performance Reviews
Positive reviews before the protected event (complaint, leave, report), followed by sudden negative evaluations, show a suspicious pattern.
Timeline of Events
A written or remembered sequence: when you took leave / made a complaint / reported something → when the treatment changed → when you were fired. Timing is often the most compelling evidence.
Emails & Messages
Internal emails showing who made the termination decision and why, discriminatory statements, comments about your protected status, or communications showing a shift in attitude after a protected event.
Comparator Evidence
Evidence that employees in similar situations but outside your protected class were treated differently — kept their jobs, not placed on PIPs, given second chances.
Severance Agreements
If you were offered a severance agreement, do NOT sign it before consulting an attorney. These agreements waive your legal claims in exchange for money — often far less than your case is worth.
You don't need every piece of evidence. Your testimony matters. Our attorneys know how to reconstruct timelines, obtain employer records through discovery, and build a compelling case even when direct evidence is limited.
Serving Wrongful Termination Victims Across California
Our employment attorneys represent employees throughout California. We are based in Los Angeles and frequently handle cases from these cities and surrounding areas.
Don't see your city? We serve all of California. Contact us to discuss your case.
Frequently Asked Questions
Answers to the questions we hear most from California employees who believe they were wrongfully terminated.
Does California's at-will employment law mean my employer can fire me for any reason?
No. At-will means employers don't need a stated reason — but they cannot fire you for an illegal reason. Illegal reasons include discrimination (race, age, sex, disability, religion, national origin, pregnancy, sexual orientation, gender identity), retaliation for reporting violations, taking protected leave, and violations of public policy. California law provides broader protections than federal law.
What counts as wrongful termination in California?
Fired because of a protected characteristic (age, race, sex, disability, pregnancy, religion, national origin, sexual orientation, gender identity, medical condition under FEHA); Fired in retaliation for reporting wage theft, safety violations, sexual harassment, or discrimination; Fired for taking CFRA/FMLA medical or family leave; Fired in violation of a written or implied employment contract; Fired right before earning stock options, commissions, or vesting; Fired without proper WARN Act notice in a mass layoff.
How do I know if I was fired for an illegal reason?
Employers rarely admit to illegal motives. Signs include: the termination came shortly after you reported a problem, took leave, or filed a complaint; you were treated differently than coworkers in similar situations; the reason given keeps changing; your performance reviews were positive before the firing; or similarly-situated employees outside your protected class were not fired.
What is the difference between wrongful termination and unfair termination?
Unfair doesn't always mean illegal. California employers can fire employees for bad reasons, unfair reasons, or no reason at all — as long as the reason isn't one of the illegal ones (discrimination, retaliation, violation of public policy or contract). Wrongful termination specifically means the firing crossed a legal line.
What is the WARN Act in California?
California's WARN Act requires employers with 75+ employees to give 60 days advance notice before a mass layoff, plant closing, or relocation affecting 50+ workers. Employers who violate this must pay 60 days of back pay and benefits. If you were laid off without proper notice, you may have a WARN Act claim on top of any other wrongful termination claims.
Can I sue for wrongful termination if I was an independent contractor?
Independent contractors have fewer protections than employees. However, many workers are misclassified as contractors when they should legally be employees. If you were misclassified — and therefore denied the protections employees have — that itself may be actionable. California's AB5 law created one of the strictest tests in the country for classifying workers as independent contractors.
What damages can I recover for wrongful termination in California?
Lost wages and benefits (past and future), emotional distress, punitive damages (in cases of egregious employer conduct), attorney's fees (if you prevail under FEHA), and reinstatement. In cases involving wage theft connected to the termination, additional penalties may apply.
How long do I have to file a wrongful termination claim in California?
It depends on the basis. FEHA claims (discrimination, harassment, retaliation): 3 years from the date of termination to file with the Civil Rights Department. Common law wrongful termination: 2 years. WARN Act: 3 years. These deadlines are strict — speak with an attorney as soon as possible.
What if my employer claims I was fired for poor performance?
Performance justifications are common pretexts for illegal firings. Key evidence: were your reviews positive until recently? Did the problems only arise after you reported something or took leave? Were other employees with similar performance not fired? The pattern of what happened before and after the stated reason tells the real story.
Can I sue if I was laid off and my position was later refilled?
Yes. If your employer conducted a "layoff" but your position was later filled — especially by someone outside your protected class — that is strong evidence the layoff was a pretext for discrimination. Similarly, if similarly-situated employees were retained and you were singled out, that raises a serious red flag.
You Were Fired. Find Out If It Was Legal.
Our attorneys have helped over 1,000 California workers recover what they were owed. The consultation is free, everything you share is confidential, and you never pay unless we win.
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