Losing a job is rarely easy—but being fired for an unlawful reason adds an entirely different layer of stress and uncertainty. While California is an at-will employment state, employers generally have the right to terminate workers at any time, and for almost any reason, exceptions are built into state and federal law. Termination becomes “wrongful” when it violates those legal protections, such as firing an employee for discriminatory reasons, retaliation, or exercising a legal right.
At Law Office of Devon K. Roepcke, PC, we believe every employee deserves to understand their rights and feel empowered when challenging unlawful practices. California’s employment laws are comprehensive, but identifying a potential wrongful termination requires a close look at the facts of each case. If you suspect your termination wasn’t just unfair but illegal, it’s worth speaking with an attorney who understands the nuances of California law and how they apply to your situation.
Our firm handles wrongful termination claims on behalf of employees throughout San Diego. To find out if you have a case, call (619) 492-2444 or fill out our online contact form to schedule a confidential consultation.
What Makes a Firing Illegal?
Wrongful termination occurs when an employer fires an employee for a reason that violates the law, public policy, or the terms of an employment agreement. Actions can include firing someone in retaliation for reporting workplace misconduct, terminating a worker due to discriminatory motives, or letting an employee go for exercising a protected right—such as requesting medical leave or filing a complaint about unpaid wages. Protections against this conduct are codified under state and federal law, offering employees legal recourse if their employers wrongfully dismiss them.
Although California follows the at-will employment doctrine—meaning an employer can generally terminate an employee at any time, with or without cause—key exceptions limit this broad discretion. An employer may not fire someone for illegal reasons, even in an at-will setting. For example, termination cannot be based on a worker’s race, religion, disability, age, or other protected characteristic. Similarly, an employer cannot dismiss an employee for refusing to engage in unlawful activities or exercising statutory rights under labor and employment laws.
The boundaries of lawful versus unlawful termination are not always immediately apparent. Workers must understand that while not every firing is illegal, certain red flags—such as being let go shortly after reporting harassment or requesting accommodations—may indicate a wrongful termination. If you have concerns about the reasons behind your dismissal, consulting with an employment law attorney can help you determine whether your rights have been violated and what steps you can take next.
Examples of Wrongful Termination in California: When Firing an Employee Becomes Unlawful
In California, wrongful termination can take many forms, and understanding the specific circumstances that qualify is critical for any employee seeking to protect their rights. While not every firing is against the law, the state has strong legal protections to shield workers from unjust and unlawful employment practices.
Discrimination Based on Protected Characteristics
Under the California Fair Employment and Housing Act (FEHA), it is illegal for an employer to terminate someone due to their race, color, national origin, religion, sex, gender identity, sexual orientation, disability, age (over 40), or other protected classifications. If an employee is let go and there is reason to believe the decision was motivated by these factors, the termination may violate state anti-discrimination laws and warrant legal action.
Retaliation for Whistleblowing
California Labor Code § 1102.5 prohibits employers from retaliating against employees who report illegal or unethical conduct in the workplace. This action includes reporting safety violations, harassment, discrimination, wage theft, or any activity that defies local, state, or federal laws. If a worker is terminated after making such a report—internally or to a government agency—that may be an instance of wrongful termination.
Firing for Taking Legally Protected Leave
Employees are entitled to take leave for qualifying reasons under the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and pregnancy disability leave laws. Under these laws, terminating an employee for requesting or taking time off is unlawful. These protections apply to medical leave, bonding with a new child, or caring for a seriously ill family member, among other reasons.
Violation of an Employment Contract or Implied Agreement
Although most employment in California is at-will, employees with written contracts or those whose employer policies suggest a promise of continued employment may be protected from termination without just cause. If an employer ignores the terms of an agreement or fires an employee contrary to stated disciplinary procedures or job security assurances, that may constitute a breach of contract or implied agreement.
Retaliation for Exercising Workplace Rights
Employers are not permitted to terminate employees for engaging in legally protected activities. This conduct includes filing a workers’ compensation claim, cooperating in a workplace investigation, or requesting a reasonable accommodation for a disability. If termination follows closely after an employee engages in any of these actions, the timing may support a claim for retaliation.
What to Do If You Suspect Wrongful Termination
If you’ve been let go and suspect your termination was unlawful, taking the proper steps early on can affect how your case is handled and whether you can assert your rights effectively. Wrongful termination cases can be complex, and the burden of proof often falls on the employee, so it’s crucial to act thoughtfully and deliberately from the outset.
Preserve Documentation and Evidence
Begin by collecting and organizing any records related to your employment and dismissal.
The following documents may all support your version of events:
- Emails
- Text messages
- Performance reviews
- Disciplinary write-ups
- Internal complaints
Keep a detailed timeline of incidents that led to your termination, including meetings, conversations, or actions that seem retaliatory or discriminatory. The more thorough your documentation, the easier it will be for your attorney—or a reviewing agency—to assess the strength of your claim.
Seek Guidance from a San Diego Employment Lawyer
Legal counsel is essential when navigating wrongful termination claims, particularly under California’s employment laws. A local attorney will be familiar with state-specific protections and court procedures and can help you determine an appropriate course of action based on your situation. They can also identify which laws may have been violated and advise you on the next steps, whether that involves filing a complaint, entering mediation, or preparing for litigation.
File a Complaint with the Appropriate Government Agency
Depending on the nature of your claim, you may need to file a complaint with the California Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing (DFEH), or the Equal Employment Opportunity Commission (EEOC). These agencies handle claims involving discrimination, retaliation, and certain violations of workplace rights. Filing with one agency may satisfy state and federal claims requirements under a work-sharing agreement. Still, the deadlines and procedures vary—your attorney can guide you through this process.
Avoid Signing Agreements Without Legal Review
If your employer offers you a severance package or asks you to sign a separation agreement, do not sign anything without legal advice. These documents may include waivers that limit your right to pursue legal claims. In some cases, the terms may be negotiable, and an attorney can help you assess whether the offer is fair and lawful—or whether it’s an attempt to prevent further legal action.
California law places time limits on filing wrongful termination claims, and the longer you wait, the more difficult it may be to recover evidence or assert your rights effectively. An experienced employment lawyer can help meet deadlines and safeguard your rights.
Protecting Your Rights Starts with Understanding Them
Employees in California are not without recourse when facing unlawful treatment in the workplace. The law provides strong protections for individuals who have been wrongfully terminated, whether due to discrimination, retaliation, or a violation of contract or leave rights. But knowing your rights is only the first step—taking action to defend them is just as important.
If you believe your termination was unlawful, speaking with an employment attorney can help clarify your legal options and guide you toward the next steps. Law Office of Devon K. Roepcke, PC offers the clarity and support you need during this time. Whether you're unsure if you have a case or are ready to proceed with a claim, we’re here to listen and provide informed legal counsel tailored to your situation.
Contact us at (619) 492-2444 to schedule a consultation and take the first step in protecting your employment rights.