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February 4, 2025Losing a job unexpectedly can be a shocking and stressful experience. Many employees wonder whether their employer had the right to fire them without notice or justification. In California, most employees work under at-will employment, a legal doctrine that allows employers to terminate workers at any time, for nearly any reason—or for no reason at all. However, at-will employment has limits, and wrongful termination laws exist to protect workers from illegal firings.
If you were fired without warning, you may have legal recourse. Understanding at-will employment, its exceptions, and your rights as a worker can help you determine whether your termination was lawful or if you have grounds for a wrongful termination claim.
What Does At-Will Employment Mean?
At-will employment means that an employer can terminate an employee at any time, with or without notice, as long as the reason is not illegal. Similarly, employees can quit their jobs at any time, with or without notice. This flexibility benefits employers, but it also leaves many workers vulnerable to sudden job loss.
Despite this broad authority, at-will employment does not give employers unlimited power to fire employees. Certain terminations are considered illegal, even in an at-will setting.
Although employers generally do not need to provide a reason for termination, they cannot fire an employee for unlawful reasons. Some common exceptions to at-will employment include:
Under California’s Fair Employment and Housing Act (FEHA) and federal anti-discrimination laws, employers cannot terminate employees based on race, gender, age, disability, pregnancy, religion, national origin, sexual orientation, or other protected characteristics. If an employer fires an employee for any of these reasons, the termination may be illegal, even under at-will employment.
Employers cannot fire workers for engaging in legally protected activities, such as reporting workplace violations, discrimination, harassment, safety concerns, or wage theft. California law protects whistleblowers who speak out about unlawful employer conduct. If you were terminated after filing a complaint with HR, reporting an OSHA violation, or exercising your legal rights, your employer may have engaged in wrongful termination due to retaliation.
Employers cannot fire employees for reasons that violate public policy, such as refusing to engage in illegal activity. If an employer fires a worker for refusing to commit fraud, lying under oath, or taking time off for jury duty, the termination may be unlawful.
While at-will employment allows terminations without warning, certain red flags could indicate wrongful termination. If you were fired shortly after reporting misconduct, filing a complaint, or requesting reasonable accommodations for a disability, your termination may be retaliatory. Sudden firings after announcing a pregnancy, requesting FMLA leave, or taking protected sick leave may also be illegal.
Another common sign of wrongful termination is disparate treatment. If an employer selectively enforces policies, allowing some employees to keep their jobs while firing others under similar circumstances, there may be an underlying discriminatory motive.
If your termination was accompanied by negative comments about a protected characteristic, such as age or race, that may serve as direct evidence of discrimination. Similarly, if your firing was out of line with company policies or past disciplinary actions, it could indicate pretext—a cover-up for illegal motives.
If you suspect that your termination violated state or federal employment laws, it’s important to take action. Document everything related to your termination, including emails, performance reviews, and witness statements.
Speaking with an employment attorney can help you determine whether you have grounds for a wrongful termination lawsuit. Compensation for illegal firings may include lost wages, emotional distress damages, and even job reinstatement.
At Abramson Labor Group, we fight for employees who have been wrongfully terminated. If you were fired without warning and suspect it was due to discrimination, retaliation, or contract violations, contact us today for a free consultation. Let’s fight for the justice you deserve.