California Wrongful Termination Lawyer
Table of Contents
- Why Employees Choose Abramson Labor Group
- How Can a California Wrongful Termination Lawyer Help?
- What Qualifies as Wrongful Termination in California?
- Wrongful Termination Examples: Legal vs. Illegal Firings
- Can You Sue for Wrongful Termination in California?
- Is Wrongful Termination Hard to Prove in California?
- How Much Can You Sue for Wrongful Termination in California?
- What Happens to Your Pay and Paperwork When You Are Fired?
- How Long Do You Have to Act?
- How to Find a Good Wrongful Termination Lawyer in California
- Serving Employees Across California
- Frequently Asked Questions
- How much does a wrongful termination lawyer cost?
- Can my employer fire me for no reason in California?
- Can I be fired for refusing to do something illegal?
- When is my final paycheck due if I am fired?
- Does my employer have to tell me in writing that I was fired?
- Can a severance agreement stop me from being rehired?
- Do I have a case if I quit instead of being fired?
- What should I keep after being fired?
- Request a Free Consultation With a California Wrongful Termination Lawyer
- California law presumes jobs are at-will (Labor Code 2922), but an employer still cannot fire you for an illegal reason.
- Illegal reasons include discrimination, retaliation, whistleblowing, refusing to break the law, and breaking a promise to fire only for good cause.
- In a whistleblower case, once you show your report was a contributing factor, the employer must prove by clear and convincing evidence it would have fired you anyway (Labor Code 1102.6).
- When an employer fires you, your final wages are due immediately (Labor Code 201).
- Deadlines differ by claim, and some are shorter than the three years that apply to many FEHA claims.
A California wrongful termination lawyer helps employees who were fired for a reason the law does not allow. Abramson Labor Group represents employees, never employers, from our Burbank office. If you were wrongfully fired, we offer a free case review and work on contingency.
4.5 stars across 1,900+ Google reviews. No fees unless we win.
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Zev Abramson is the founding partner of Abramson Labor Group and a passionate advocate for employees whose voices too often go unheard. He earned his J.D. from Loyola Law School, but his commitment to protecting workers began long before he…
Why Employees Choose Abramson Labor Group
We represent workers only, so we never weigh your case against an employer client. Here is what we can show you:
- 4.5 stars across more than 1,900 Google reviews (as of September 2026).
- Documented results on our case results page include $1.7 million for a wrongful termination client. Every case is different, and past results do not guarantee a similar outcome.
- Founding partner Zev Abramson started the firm in 2015, earned his J.D. at Loyola Law School, and is a member of the California Employment Lawyers Association (CELA) and the Consumer Attorneys Association of Los Angeles (CAALA).
- Help in English and Spanish, with intake also available in Armenian.
- Contingency fees: you do not pay attorney fees unless we recover compensation for you.
How Can a California Wrongful Termination Lawyer Help?
A wrongful termination lawyer tests the employer’s stated reason against the record. Most of that record sits with the employer, so the first steps focus on getting it.
- Building a timeline of your reviews, complaints, leave requests and the firing.
- Requesting your personnel file. Current and former employees or their representative can inspect and copy performance records, generally within 30 calendar days of a written request (Labor Code 1198.5).
- Comparing how the employer treated coworkers who did the same thing.
- Checking whether the employer followed its own handbook and discipline policy.
- Reviewing any severance offer before you sign it, and identifying which claims and deadlines apply.
What Qualifies as Wrongful Termination in California?
Wrongful termination, unlawful termination and being fired unfairly all describe the same thing in legal terms: a firing whose reason breaks the law or breaks an agreement. The law presumes that employment with no set term is at-will, meaning either side can end it (Labor Code section 2922). That presumption has limits. These are the most common ones.
- Discrimination based on a protected trait
- Retaliation for complaining or taking part in an investigation
- Whistleblowing about a violation of the law
- Refusing to break the law
- Breaking a promise to fire only for good cause
- Forcing you to quit through intolerable conditions
Discrimination
Under California’s Fair Employment and Housing Act (FEHA), employers with 5 or more employees cannot fire someone because of a protected trait, including race, religion, age (40 and over), disability, sex, pregnancy, sexual orientation, gender identity, national origin, medical condition, marital status, and military or veteran status (Civil Rights Department; Government Code section 12940(a)). Learn more about age discrimination, disability discrimination, pregnancy discrimination, and racial discrimination.
Retaliation
FEHA makes it unlawful to discharge a person who “opposed any practices forbidden under this part” or “filed a complaint, testified, or assisted in any proceeding” (section 12940(h)). If you were let go soon after reporting sexual harassment, complaining about unpaid wages or overtime, or filing a workers’ comp claim, see our retaliation page. For complaints covered by the Labor Code, such as a wage claim with the Labor Commissioner, Labor Code section 98.6 also creates a rebuttable presumption of retaliation when the employer takes adverse action within 90 days of the protected activity.
Whistleblowing and refusing to break the law
Labor Code section 1102.5 bars retaliation against an employee who reports what they have “reasonable cause to believe” is a violation of state or federal law, to a government agency or to a person with authority to investigate or fix it. The protection applies even when reporting is part of your job. Section 1102.5(c) also protects employees who refuse “to participate in an activity that would result in a violation.” Read more on our whistleblower page.
Taking protected leave, filing for workers’ comp, or political activity
Other laws protect specific activities. Firing an employee for taking qualifying family or medical leave violates the California Family Rights Act (Government Code 12945.2). Discriminating against an injured worker for filing a workers’ compensation claim violates Labor Code 132a. And Labor Code 1102 bars an employer from using the “threat of discharge” to control an employee’s “political action or political activity.”
Firing that violates public policy
The California Supreme Court held that an employee fired for refusing to break the law can sue the employer for wrongful discharge (Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167). Courts call this wrongful termination in violation of public policy.
Breach of a promise of job security
An agreement to fire you only for good cause can overcome the at-will rule. That agreement can be written, or implied from the employer’s conduct (Guz v. Bechtel National, Inc. (2000) 24 Cal.4th 317). Our article on at-will employment in California explains how this works.
Being forced to quit
Resigning does not always end your claim. California recognizes constructive discharge when an employer created or knowingly allowed working conditions so intolerable that a reasonable person would feel compelled to resign (Turner v. Anheuser-Busch, Inc. (1994) 7 Cal.4th 1238). Our article on constructive discharge in California covers what courts look for.
Wrongful Termination Examples: Legal vs. Illegal Firings
The same firing can be legal or illegal depending on the reason. These examples show where the line usually falls.
| Often legal (at-will) | May be wrongful termination |
|---|---|
| Fired with no reason given, and no illegal reason behind it | Fired days after complaining about harassment or unpaid overtime |
| Laid off with others in a real business change | Laid off while younger workers in the same role keep their jobs |
| Fired for documented, consistently enforced rule violations | Fired for a rule others break without discipline |
| Fired by a boss who simply dislikes you | Fired after refusing to falsify records or break a safety law |
| Fired before any promise of job security | Fired without cause despite a written or implied promise of good-cause-only firing |
If your situation looks like the right-hand column, consider speaking with an employment attorney about the facts. Our article on how to know if you have an employment law case walks through more examples.
Can You Sue for Wrongful Termination in California?
Yes, when the firing broke the law or a promise. A wrongful termination lawsuit can rest on FEHA, the Labor Code, a public policy claim under Tameny, or a breach of contract. Which claims apply decides which agency step comes first and which deadline controls.
For FEHA claims, the Civil Rights Department says employees “must obtain an immediate Right-to-Sue notice from CRD before filing your own lawsuit in court” (CRD complaint process). Other claims, such as a Labor Code whistleblower claim, follow different rules. A California wrongful termination lawyer sorts out which claims fit before you file anything.
Is Wrongful Termination Hard to Prove in California?
It depends on the claim and the evidence. Employers rarely admit an illegal reason, so most employees build their cases from timing, records and how the employer treated other employees.
Whistleblower cases have a rule that helps employees. Under Labor Code section 1102.6, once an employee shows by a preponderance of the evidence that protected activity “was a contributing factor,” the employer must prove “by clear and convincing evidence” that it would have taken the same action “for legitimate, independent reasons.” That is a higher bar for the employer than in many other cases.
| Evidence | Why it can matter |
|---|---|
| Timing | A firing soon after a complaint, leave request or diagnosis can suggest the real reason |
| Performance reviews | A good record can contradict a “performance” explanation |
| Changing explanations | A reason that shifts over time may not be the real one |
| How others were treated | Coworkers who did the same thing and kept their jobs |
| Emails, texts and notes | Comments about your complaint, leave or protected trait |
| Handbook and discipline policy | Skipped warning steps or uneven discipline can suggest the stated reason is not the real one |
How Much Can You Sue for Wrongful Termination in California?
There is no fixed amount. Recovery depends on the claims, your lost pay and the harm the firing caused. No attorney can promise a result.
| Possible recovery | What it can cover |
|---|---|
| Lost pay and benefits | Wages and benefits lost since the firing |
| Future lost pay | Earnings you may lose while you look for comparable work |
| Emotional distress | Stress, anxiety and humiliation caused by the firing |
| Punitive damages | Available under FEHA (Commodore Home Systems) when the employer is proven “guilty of oppression, fraud, or malice” by clear and convincing evidence (Civil Code 3294) |
| Whistleblower civil penalty | Up to $10,000 per violation, paid to the employee (Labor Code 1102.5(f)) |
| Attorney fees and costs | A court may award them in FEHA cases (Gov. Code 12965(c)(6)) and to a winning plaintiff under section 1102.5(j) |
Our article on the average wrongful termination settlement in California explains what tends to drive case value.
What Happens to Your Pay and Paperwork When You Are Fired?
California sets rules for the day you are let go, whether or not the firing was legal:
- Final wages are “due and payable immediately” (Labor Code 201). If an employer willfully pays late, wages continue as a penalty for up to 30 days (Labor Code 203).
- The employer must “immediately notify” you of the change in your employment and give you printed information about unemployment benefits (Unemployment Insurance Code 1089).
If your final paycheck is late, our article on the California final paycheck law explains the penalties.
How Long Do You Have to Act?
It depends on the claim. For many FEHA claims, an employee generally must start the process with the Civil Rights Department within three years of the date last harmed (CRD). Some other claims have shorter deadlines, including a retaliation complaint with the Labor Commissioner, which you generally must file within one year.
Do not assume one deadline covers every claim, and be careful before you sign a severance agreement, which may release claims. An employment attorney can evaluate which deadlines apply to your situation.
How to Find a Good Wrongful Termination Lawyer in California
Look for a lawyer whose practice fits your situation:
- Represents employees only, so there is no conflict with the employer side.
- Knows California law, which often gives more protection than federal law. FEHA covers employers with 5 or more employees, while federal Title VII starts at 15 (EEOC).
- Handles related claims, since many firings also involve discrimination, retaliation, harassment or unpaid wages.
- Explains fees clearly before you sign anything.
Serving Employees Across California
We serve workers throughout California, including Southern California, from our office at 1700 W Burbank Blvd, Burbank, CA 91506. That includes Burbank, Glendale, Pasadena and Los Angeles County. If you were fired in Los Angeles, see our Los Angeles wrongful termination lawyer page. For other claims, visit our California employment lawyers page or browse all practice areas.
Frequently Asked Questions
How much does a wrongful termination lawyer cost?
We work on contingency, so you do not pay anything unless we win. The case evaluation is free, and you will not pay for legal counsel or court fees out of pocket. Our fee is a share of any settlement or verdict. If there is no recovery, you owe no attorney fees.
Can my employer fire me for no reason in California?
Often, yes. Most California jobs are at-will, so an employer can usually end employment without giving a reason (Labor Code section 2922). What it cannot do is fire you for an illegal reason, and timing and conduct can still show the real reason.
Can I be fired for refusing to do something illegal?
No. Labor Code section 1102.5(c) bars retaliation against an employee for refusing to participate in an activity that would violate a state or federal law or rule, and Tameny allows a wrongful discharge claim for that kind of firing.
When is my final paycheck due if I am fired?
Immediately. Under Labor Code section 201, wages earned and unpaid at the time of discharge are due right away. A willful delay can trigger up to 30 days of waiting time penalties under section 203.
Does my employer have to tell me in writing that I was fired?
Yes. Unemployment Insurance Code section 1089 requires the employer to “immediately notify each employee of any change in the employee’s relationship with that employer” and to provide printed information about unemployment benefits. California does not generally require the employer to state a reason.
Can a severance agreement stop me from being rehired?
Generally, no, for a settled claim. Code of Civil Procedure section 1002.5 limits no-rehire terms in agreements that settle an employment dispute, while still allowing an agreement to end current employment. Consider having an attorney review any severance terms before you sign.
Do I have a case if I quit instead of being fired?
Possibly. If your employer created or knowingly allowed conditions so intolerable that a reasonable person would feel compelled to resign, California treats that as a constructive discharge (Turner v. Anheuser-Busch). These cases depend heavily on the facts.
What should I keep after being fired?
Keep copies of anything you are allowed to keep: your termination notice, performance reviews, pay stubs, and messages about your complaints or your firing. Write down dates, names and what was said while you still remember. Do not take confidential company files.
Request a Free Consultation With a California Wrongful Termination Lawyer
If you believe you were fired for an illegal reason, we can review what happened and explain your options. Request your free case evaluation, contact us, or call (213) 493-6300.
You do not pay ANYTHING unless we win!
Last updated: October 2026
This page is general information about California law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California employment attorney.