I Was Wrongfully Terminated in California — What Can I Do?
Fired in California and think it was illegal? Here are your options, the laws that protect you, and how a demand letter can recover lost wages.
Short Answer: If you were fired for an illegal reason — discrimination, retaliation, or refusing to break the law — that is wrongful termination, even in at-will California. You can demand back pay and damages, file with the Civil Rights Department, or sue. An attorney demand letter is often the fastest first move.
California is an "at-will" employment state under Labor Code § 2922, which means your employer can generally fire you for any reason — or no reason — without notice. But "any reason" has hard limits. When the real reason for your termination is one the law forbids, the firing becomes illegal no matter what your offer letter said.
What counts as wrongful termination in California?
A termination is wrongful when it violates a specific legal protection. The most common categories are:
- Discrimination. Firing based on a protected characteristic — race, sex, age (40+), disability, religion, pregnancy, national origin, sexual orientation, gender identity, and more — violates the Fair Employment and Housing Act (Government Code § 12940).
- Retaliation. It is illegal to fire you for reporting harassment, requesting accommodation, taking protected leave, or filing a wage claim.
- Whistleblower retaliation. Labor Code § 1102.5 protects employees fired for reporting suspected violations of law to a supervisor or agency.
- Violation of public policy. Under Tameny v. Atlantic Richfield, you cannot be fired for refusing to commit an illegal act, exercising a legal right, or performing a legal duty like jury service.
- Breach of contract. If you had a written, oral, or implied promise of continued employment, at-will may not apply.
How do I prove the firing was illegal?
The burden is on you to show the protected reason was a "substantial motivating factor." Helpful evidence includes the timing (were you fired days after complaining?), inconsistent explanations from your employer, your performance reviews, emails, text messages, and witness accounts. Document everything in writing and keep copies somewhere other than your work account.
What are my options to recover money?
You generally have three paths, and they are not mutually exclusive:
- Send a demand letter. A letter from an attorney laying out the legal violation and demanding back pay and damages can prompt a settlement before anyone files anything. It signals you are serious and informed without the cost and delay of litigation.
- File an administrative complaint. For FEHA claims you file with the California Civil Rights Department (CRD) and obtain a "right-to-sue" notice. For unpaid wages tied to the firing, you can file with the Labor Commissioner.
- File a lawsuit. If the employer won't negotiate, a civil suit can recover lost wages, emotional distress damages, and in some cases punitive damages and attorney's fees.
How long do I have to act?
Deadlines are strict. For most FEHA claims you have three years from the date of the wrongful act to file with the CRD, and then one year from your right-to-sue notice to file suit. Wage-related claims carry their own statutes of limitations. Waiting can permanently bar your claim, so move quickly.
If you are owed a final paycheck on top of the wrongful firing, see our guide to recovering unpaid wages in California and our overview of when you need a legal demand letter.
Is a demand letter worth it before suing?
Often, yes. Many employers settle once they receive a credible, attorney-signed letter that names the statute they violated and quantifies the exposure. It is faster and far cheaper than a lawsuit, and it preserves your right to escalate if they refuse. A flat-fee attorney letter lets you test whether the employer will resolve the matter without committing to years of litigation.
This article is general information only and is not legal advice. Consult a licensed attorney for advice specific to your situation.