If you’ve ever had a bad boss or worked for a bad company you’ve probably wondered about your rights as an employee. California is an at-will employment state. This means that employers can discipline or fire employees at will: without providing a reason to the employee. This means that employers can discipline or fire employees at will, without providing a reason to the employee.
So, while an employer can terminate an employee without cause and with or without notice, terminations may not be based on:
- Discrimination
- Retaliation
- Protected activities
- Contract violations
Many employers rely on “at-will” as a defense for unlawful firing, leaving the employee to prove that he or she was not legally terminated. This means you do have rights. It is important that you consult with a Pasadena wrongful termination lawyer. The experienced attorneys at the Law Offices of Scott Glovsky can advocate on your behalf and ensure that your side of the story is heard.
Case Result: Wrongful Termination Settlement
💡 Key Takeaways
- California is an at-will employment state, but workers still have legal protections. Employers may generally fire employees without giving a reason, but they cannot terminate someone for an illegal reason or in a way that violates California public policy.
- Wrongful termination can involve discrimination, retaliation, harassment, fraud, or breach of an employment agreement. Employees may have a claim if they were fired for reporting wrongdoing, refusing unlawful conduct, requesting protected accommodations, or being part of a protected class.
- You may not need to be formally fired to have a wrongful termination claim. If working conditions become so intolerable that a reasonable employee would feel forced to resign, California law may recognize the situation as constructive wrongful termination.
- Wrongful termination damages depend on the facts of the case. Potential compensation may include lost wages, lost benefits, emotional distress damages, attorney fees, costs, and punitive damages in certain discrimination-related cases.
- Strict filing deadlines can affect your ability to bring a wrongful termination claim. California employment claims may involve different statutes of limitation depending on whether the case includes discrimination, retaliation, harassment, defamation, wage-and-hour violations, or common law wrongful termination.
Terminated Employee Statistics
- Hundreds of thousands of Californians lose their jobs each month
- Thousands of these workers are terminated under questionable circumstances
- The National Labor Relations Board receives tens of thousands of complaints each year
In early 2025, California experienced a significant 149% increase in unemployment claims filed by workers alleging wrongful termination, specifically linked to mass firings of federal employees. While many cases go unreported, settlements in California often range from $5,000 to over $100,000, with high-value cases exceeding $1 million.
California Wrongful Termination Law
California has laws and public policies that create exceptions to “at-will” employment and create rights for employees. Generally, you can’t be fired for a bad reason (e.g., discrimination, which is against public policy) or in a way that violates your right to be free from personal injury (e.g., being defamed or defrauded).
Exceptions to “at-will” employment create rights for employees that allow them to sue for wrongful termination. Some of the exceptions to at-will employment in California include:
- Breaches of existing employment contracts – when you have a contract with your employer, that agreement will often detail the specific terms of your employment;
- Retaliatory discharge – when an employer terminates an employee for doing things like investigating or reporting wrongdoing or pursuing a whistleblower claim or a qui tam request (cooperating with a government official);
- Sexual harassment – unwanted sexual advances; offering benefits in exchange for sexual favors; making or threatening reprisals after a negative response to sexual advances; visual conduct like leering, making sexual gestures, displaying of sexually suggestive objects or pictures, cartoons or posters; verbal conduct like making or using derogatory comments, epithets, slurs and jokes; verbal sexual advances or propositions; verbal abuse of a sexual nature; graphic verbal commentaries about an individual’s body; sexually degrading words used to describe an individual; suggestive or obscene letters, notes or invitations; harassment based on a person’s gender such as targeting a person for offensive or hostile treatment because she is a woman; physical conduct, such as touching, assault, impeding or blocking movements;
- Fraud or misrepresentation – when an employer makes promises to an employee and these promises are not kept, such as misrepresentations over salary, commissions, bonuses or authorities);
- Firing after inducement – being terminated after being induced with promises;
- Implied contracts – often arising from an employee handbook that has specific rules on how terminations take place or says employees will only be fired for good cause – these written statements may create a type of contract;
- Discrimination – termination based on race, ancestry; national origin; color; sex; sexual orientation; religion; disability including HIV/AIDS diagnosis; marital status; age – 40 and over; medical condition – cancer, pregnancy and genetic characteristics; refusal of Family Care Leave; health condition; denial of Pregnancy Disability Leave; retaliation for reporting patient abuse in tax supported institutions; political affiliation; refusing to sign unlawful agreements (non-compete clause); requesting a recognized accommodation (a blind person asking for a document to be read to them).
Suppose your employer terminates you after you disclose your pregnancy, or replaces you with a younger worker when you are in your 60s. Termination based on protected characteristics is discrimination and is governed by the California Fair Employment and Housing Act (FEHA). Or, perhaps you were terminated for reporting harassment or discrimination, filing an internal complaint, or participating in a wrongful termination lawsuit. This is clear retaliation, and wrongful termination.
If you are a whistleblower reporting your company for illegal conduct or safety violations, you are protected under California Labor Code Section 1102.5 and cannot be retaliated against by termination. If you were terminated for refusing to engage in illegal activity, taking legally protected leave, or serving on a jury, then your wrongful termination is based on violations of public policy.
If you were terminated for an express or implied breach of contract that involves a written employment agreement, employee handbooks and policies, or an implied promise, you may be the victim of wrongful termination. Finally, if you were forced to resign due to intolerable working conditions that were severe or pervasive, and your employer knew about them and failed to act, this is known as constructive termination and falls under wrongful termination laws.
If your work conditions became unbearable, the courts allow for a “constructive wrongful termination.” The wrongful termination lawyers at The Law Offices of Scott Glovsky are strong advocates for victims of age discrimination, sexual harassment, and wrongful termination. Depending on the type of case you pursue, you may be required to file a claim with a California agency that regulates employment, like the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). Contact us immediately to discuss your situation.
Damages Recoverable In Wrongful Termination Case
Wrongfully losing your job can have devastating consequences. The Pasadena wrongful termination lawyers at our firm can help you recover a variety of damages including: lost earnings (including benefits); damages for emotional distress; damages for losses caused by a downgrading of the employee’s credit rating; reimbursement of attorneys fees and costs if the employee’s claims are based upon a violation of the Fair Employment and Housing Act (i.e., employment discrimination) or the California Labor Code (i.e., wage & hour violations); punitive damages in cases also involving employment discrimination. Damages available to you are based on the circumstances of your case. Available damages will be based on the specifics of your case and the law violated by your employer.
Importance of Consulting With a Pasadena Wrongful Termination Lawyer
There are several statutes that apply to wrongful termination. You should contact an employment law attorney to determine which statutes apply to your case. Cases involving discrimination, harassment, and retaliation claims in violation of the California Fair Employment and Housing Act (“FEHA”) often require that a person file a claim with the Department of Fair Employment and Housing (“DFEH”) within one year of the unlawful incident or shorter periods. Such claims that violate the federal Americans with Disabilities Act, on the other hand, must be brought to the Equal Employment Opportunity Commission (“EEOC”) within 180 days of the wrongful action or shorter periods.
The deadline to file a claim with the EEOC is not fixed and may vary depending on whether a claimant also files a claim with a local enforcement authority, such as the DFEH. Claims brought under California common law for wrongful termination are often subject to a 2-year statute of limitations beginning on the date of the wrongful termination. If you have a discrimination, harassment, or retaliation claim, then it is important to have it evaluated by an employment attorney immediately so they can assess which of these deadlines apply.
There are many other employment claims that are also subject to their own statutes of limitation. For example, claims based on defamation have a one-year statute of limitations from the date of the most recent publication of the defamatory statement. This deadline can be extended depending on certain circumstances, such as a delay in the publication’s discovery. Wage and hour claims are often subject to a 4-year statute of limitations if based on a written contract, 2 years if based on an oral contract, or 3 years if based on statute. Retaliation claims can arise under many different statutes and laws, such as the California Health and Safety Code, Patient Care Act, FEHA, Civil Rights Act, and Employee Retirement Income Security Act (“ERISA”). Many of these statutes have their own claim deadlines, ranging from 1 to 4 years.
We are skilled Pasadena wrongful termination lawyers committed to helping our clients obtain the compensation, benefits, and justice they deserve. You should always contact an experienced wrongful termination lawyer to understand your rights based on the unique circumstances of your case. For a free consultation, contact the Law Offices of Scott Glovsky online or call us at 626-243-5598 or complete the free consultation form.
FAQ
Can I be fired for complaining about workplace harassment in Pasadena?
No. California law prohibits employers from retaliating against employees who report harassment, discrimination, or other unlawful conduct in the workplace. If you were fired shortly after making a complaint — whether to HR, a manager, or a government agency — that timing can be significant evidence of retaliation. A wrongful termination claim based on retaliation does not require that your original complaint be proven valid, only that your employer took adverse action against you because of it.
Does it matter how long I worked at a company before being wrongfully terminated?
Your length of employment does not determine whether you have a wrongful termination claim. California employees can be wrongfully terminated on their first week or after twenty years on the job. However, longer tenure may be relevant to calculating damages — including lost wages, benefits, and the difficulty of finding comparable employment — and may support certain claims where a pattern of conduct is at issue.
What is the difference between being laid off and being wrongfully terminated?
A layoff is typically a business-driven reduction in force with no discriminatory or retaliatory motive behind it. Wrongful termination involves a firing — or a layoff that is actually pretextual — that violates California law or public policy. If your employer claimed a layoff but only eliminated workers of a certain age, race, or disability status, or if the “layoff” suspiciously followed a complaint or protected activity, it may be a wrongful termination in disguise. An employment attorney can help you evaluate whether the stated reason holds up.
Can I sue for wrongful termination if I was an independent contractor?
It depends on how your working relationship is classified under California law. California uses a strict “ABC test” to determine whether a worker is truly an independent contractor or has been misclassified as one. If you were misclassified — meaning you functioned as an employee but were labeled a contractor — you may still be entitled to the same protections as an employee, including protections against wrongful termination. This is a fact-specific analysis, and an attorney can help you determine your status.
What evidence helps prove a wrongful termination claim in California?
Useful evidence includes emails or text messages showing hostility, discriminatory comments, or retaliatory intent; performance reviews that contradict a stated reason for firing; documentation of complaints you made before the termination; records showing that similarly situated employees who didn’t engage in protected activity kept their jobs; witness statements from coworkers; and the timing of events relative to your protected conduct. The strength of a wrongful termination case often depends on the totality of circumstances rather than a single piece of evidence.
How long do I have to file a wrongful termination claim in California?
The deadline depends on the legal theory underlying your claim. For claims based on discrimination or harassment under the California Civil Rights Act (formerly FEHA), you generally must file a complaint with the Civil Rights Department within three years of the unlawful act before pursuing a lawsuit. For other claims — such as breach of contract or violation of public policy — different statutes of limitations apply. Because these deadlines can be strict and vary by claim type, it is important to consult with a Pasadena wrongful termination attorney as soon as possible after losing your job.