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December 11, 2025Being fired is never easy. It’s emotional, confusing, and often leaves you questioning what went wrong. For many California workers, the explanation they hear from HR sounds final:
“California is an at-will employment state. We can terminate your employment at any time.”
While that statement sounds absolute, it’s not the whole story. Yes, California is an at-will employment state, but that doesn’t give employers unlimited power.
At Abramson Labor Group, we’ve spoken with many employees who felt powerless or uncertain after being fired. While California is an at-will employment state, there are important limits — and some terminations may be unlawful if they violate state or federal workplace protections.
If you suspect your firing wasn’t fair, or something about it doesn’t feel right, this guide can help you understand your rights, recognize potential red flags, and learn when it may be appropriate to seek legal guidance.
What At-Will Employment Really Means in California
Under California Labor Code Section 2922, most employment relationships are considered at-will. This means that either you or your employer may end the working relationship at any time, with or without cause, and with or without advance notice.
But there’s an important limitation:
An employer cannot legally fire you for an unlawful reason.
At-will employment gives companies flexibility — but not a blank check. California’s worker protection laws make it clear that even at-will employees are protected from terminations that may involve:
When a Firing Crosses the Line: What Counts as Wrongful Termination
A termination may be considered wrongful when it violates California or federal law. Here are some of the most common situations where a firing may cross legal boundaries, depending on the facts.
1. Retaliation for Speaking Up
If you were fired after reporting misconduct, you may have experienced retaliation. California law provides protections for workers who speak up about unlawful, unsafe, or unethical practices.
You are generally protected when you:
Employers are not permitted to punish or terminate employees for exercising these protected rights. Retaliation is unlawful under California and federal law — and unfortunately, many workers report facing it.
2. Discrimination
Under California’s Fair Employment and Housing Act (FEHA), it is unlawful for employers to fire employees—or treat them unfairly—because of protected characteristics such as:
For example, if you were fired shortly after revealing a pregnancy, requesting medical leave, or returning from maternity leave, your termination may raise concerns about discrimination, depending on the circumstances.
3. Violation of Public Policy
Employers are not permitted to fire an employee for engaging in conduct the law protects or encourages, or for refusing to engage in conduct the law prohibits. These cases are often referred to as terminations in violation of public policy.
Examples may include:
If a termination appears to conflict with an established public policy, it may raise legal concerns, and an employer could potentially be held responsible depending on the specific facts.
4. Breach of Contract or Implied Agreement
Even in an at-will employment state like California, some employees work under written or implied agreements that provide certain protections, such as job security or specific termination procedures.
Examples may include:
If an employer does not follow the terms of a written or implied agreement, the situation may be considered a breach of contract or a breach of the implied covenant of good faith and fair dealing.
Red Flags That Your Termination May Be Illegal
Wrongful termination isn’t always obvious. Some employers may try to justify an unlawful firing with vague explanations like “poor performance,” “attendance issues,” or “restructuring.”
Here are some warning signs that a termination may raise legal concerns:
If the timing feels suspicious or the explanation doesn’t make sense, trust your intuition — it may be worth getting the situation evaluated, as timing can be an important factor in wrongful termination cases.
What to Do If You Believe You Were Wrongfully Terminated
If you suspect your firing may have been unlawful, you still have rights and potential options. Taking a few careful steps early on can help you protect yourself and better understand whether you may have a claim.
1. Document Everything
Write down everything that happened before and after your termination:
Keep copies of emails, text messages, performance reviews, or HR communications that support your story.
2. Request Your Personnel File
Under California Labor Code Section 1198.5, you have the right to request a copy of your personnel file, which may include performance evaluations, warnings, and termination documents. Reviewing these records can help you identify inconsistencies or information that may be relevant to evaluating potential retaliation or other legal issues.
3. Avoid Signing Anything Without Legal Review
Employers sometimes present termination paperwork—such as severance agreements—during the separation process. These documents may include waivers or releases of certain rights. Before signing anything, it can be helpful to have an employment attorney review the agreement so you understand the terms and avoid unintentionally giving up potential legal claims.
4. Consult an Employment Lawyer
You don’t have to figure this out alone. At Abramson Labor Group, we evaluate your situation, help you understand whether your termination may raise legal concerns, and explain the options that may be available to you under California law.
Depending on the facts of the case, employees may be entitled to seek:
Can You Still Take Action If You Were an At-Will Employee?
Yes. Even at-will employees have legal protections in California. “At-will” defines the general rule, but it does not eliminate the rights employees have under state and federal law.
If an employer’s reason for firing someone violates applicable laws, public policy, or contractual commitments, the termination may still support a wrongful termination claim.
That’s why it’s important not to assume your situation is hopeless. Many employees who initially believed their firing was “just bad luck” later learned — after getting legal guidance — that their termination may have involved legal issues they were unaware of.
Why Employees Often Blame Themselves, and Why They Shouldn’t
After being fired, many people internalize the experience. They wonder what they could have done differently or whether speaking up played a role. But here’s an important truth:
As a worker, you are entitled to dignity, fairness, and respect in the workplace.
Standing up for yourself doesn’t make you difficult — it makes you courageous.
How Abramson Labor Group Protects California Workers
At Abramson Labor Group, we have spent years advocating for employees across California who believe they were unfairly terminated, harassed, or retaliated against. We understand how intimidating it can feel to challenge an employer — and you don’t have to navigate that alone.
Here’s how we can help:
We’ve represented employees in matters involving:
You Deserve Answers and Clarity
Losing your job can feel overwhelming, especially when the circumstances seem unfair. If you believe your termination may have violated your rights, understanding your legal options can help you regain a sense of control.
At-will employment does not allow employers to break the law, discriminate, or retaliate against workers for engaging in protected activities. California’s employment laws exist to promote fairness — and our team at Abramson Labor Group is committed to helping employees understand and protect their rights.
Contact Abramson Labor Group today for a free, confidential intake evaluation.
We’ll listen to your story, help you understand your options, and discuss potential next steps based on your situation.