Hovssepian Law · Employment Law

Was I Wrongfully Terminated?
California Employee Rights Explained

By Edric Hovssepian, Attorney at Law  ·  Glendale, California

California is an at-will employment state, but that does not mean your employer can fire you for any reason. California law provides some of the strongest wrongful termination protections in the country. If you were recently terminated, here is what you need to know.

What Is At-Will Employment in California?

California Labor Code § 2922 establishes that employment with no specified term may be terminated by either party at any time. However, this at-will doctrine has significant exceptions. Employers cannot terminate an employee for discriminatory reasons, in retaliation for protected activity, or in violation of public policy, regardless of at-will status.

Illegal Reasons for Termination in California

Your termination may be wrongful if it was motivated by any of the following:

• →Discrimination, Race, gender, age, disability, religion, sexual orientation, national origin under FEHA (Gov. Code § 12940)
• →Retaliation, For reporting illegal conduct, filing a workers' comp claim, or participating in an investigation (Labor Code § 1102.5)
• →CFRA/FMLA Leave, Termination for taking protected medical or family leave
• →Whistleblowing, Reporting safety violations, wage theft, or other legal violations to a government agency
• →Violation of Public Policy, Serving on jury duty, voting, refusing to commit an illegal act

How Long Do You Have to File a Claim?

Under California's FEHA, you must file a complaint with the Civil Rights Department (CRD) within three years of the discriminatory or retaliatory act. For federal claims under Title VII, the deadline is 300 days with the EEOC. These deadlines are strict, missing them will bar your claim entirely.

What Can You Recover?

California wrongful termination victims may recover back pay and lost wages, future lost earnings, emotional distress damages, punitive damages in cases of egregious conduct, reinstatement to their former position, and attorney's fees and court costs.

Think You Were Wrongfully Terminated? Let's Talk.

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