California Wrongful Termination, Retaliation, and Discrimination Lawyers

In California, employees have robust protections against wrongful termination due to discrimination. These protections are grounded in both federal and state laws, with the California Fair Employment and Housing Act (FEHA) being one of the most comprehensive anti-discrimination statutes in the United States.

What Is Wrongful Termination?

Wrongful termination occurs when an employer illegally fires an employee in violation of state or federal laws. While most employment in California is “at will,” meaning an employer can fire an employee for any reason or no reason at all, there are important legal exceptions to this rule.

An employer CANNOT fire you for reasons that violate anti-discrimination laws or retaliate against you for exercising your legal rights. If an employer fires someone based on race, gender, age, disability, religion, pregnancy, or another protected characteristic, this could be considered wrongful termination.

Discrimination and Wrongful Termination: What the Law Says

Federal Protections

The following federal laws protect employees from Termination Due to Discrimination:

• Title VII of the Civil Rights Act of 1964 – This law prohibits employers from firing employees based on race, color, national origin, sex, or religion.
• The Age Discrimination in Employment Act (ADEA) – This law protects employees over 40 years old from age-based termination.
• The Americans with Disabilities Act (ADA) – This law protects employees with physical or mental disabilities from workplace discrimination.
• The Pregnancy Discrimination Act – This law prohibits employers from firing someone due to pregnancy or pregnancy-related conditions.

California’s Employee Protections

California has some of the most employee-friendly laws in the country. Thet FEHA provides even broader protections, making it illegal for an employer to fire you based on any of the following characteristics:

• Race, color
• National origin, ancestry
• Sex, gender (including gender identity and gender expression)
• Age (for employees 40 and older)
• Physical or mental disability
• Pregnancy, childbirth, or related medical conditions
• Religion, creed
• Sexual orientation
• Marital status
• Military or veteran status
• Genetic information

Under California law, employees are also protected from retaliation, meaning an employer cannot fire someone for filing a discrimination complaint, requesting disability accommodations, or reporting workplace harassment.

How Do You Know If You Were Fired Due to Discrimination?

Discrimination is not always obvious. Employers often provide false or misleading reasons for firing employees, or provide no reason at all. Look out for the following red flags that may suggest discriminatory termination:

• Sudden negative performance reviews after requesting a workplace accommodation for a disability.
• Being fired after reporting discrimination or harassment.
• Hearing discriminatory comments about race, age, gender, or religion before your termination.
• Employer applying policies inconsistently, like younger employees receiving warnings, but older employees getting fired for similar mistakes.
• Retaliation for taking legally protected actions, such as reporting workplace safety issues or requesting medical leave under the Family and Medical Leave Act.

If any of these sound familiar, your termination may have been illegal.

How to Prove Wrongful Termination Due to Discrimination

To prove wrongful termination, you need to provide strong evidence that your firing was discriminatory. Here’s what you should do:

1. Gather Documentation

• Termination Letter: If your employer provided a written reason for firing you, keep a copy.
• Performance Reviews: Show a history of good performance to counter false claims.
• Emails and Text Messages: Save any communications that may suggest discrimination.
• Witness Statements: Co-workers may confirm unfair treatment you experienced.

2. Compare Treatment of Other Employees

Look at how similar employees were treated. If younger workers were given more chances or less qualified employees outside your protected class were not fired, this strengthens your case.

3. Review Company Policies

Check if your employer violated their own policies regarding termination procedures or anti-discrimination policies.

4. File a Complaint with a Government Agency

Before suing, you may need to file a complaint with:

• Equal Employment Opportunity Commission (EEOC) – Handles federal discrimination cases.
• California Civil Rights Department (CRD) – Investigates violations under FEHA.

Filing a complaint may prompt an investigation or allow you to obtain a “right-to-sue” letter.

5. Consult an Attorney

A wrongful termination and discrimination lawyer can help:

• Assess the strength of your case
• File necessary paperwork
• Negotiate a settlement with your employer
• Represent you in court if needed

What Compensation Can You Receive in a Wrongful Termination Case?

If you win your case, you may be entitled to various damages, including:

• Lost Wages – Salary lost due to termination.
• Future Lost Earnings – If you had difficulty finding a new job.
• Emotional Distress Damages – Compensation for stress, anxiety, and humiliation.
• Punitive Damages – If your employer acted maliciously.
• Attorney’s Fees – Employer may be required to cover legal costs.
• Job Reinstatement – In some cases, courts order the employer to rehire the employee.

Many wrongful termination cases settle out of court, meaning you could receive compensation faster without a lengthy trial.

How Long Do You Have to File a Wrongful Termination Claim?

Deadlines to file a claim depend on the type of case:

• FEHA Discrimination Claims: 3 years
• Breach of Contract Claims: 2 years
• Whistleblower Retaliation: 3 years

Since deadlines vary, it’s best to act quickly and consult an attorney as soon as possible.

Protect Yourself Against Wrongful Termination

To avoid wrongful termination or strengthen a future case:

• Keep Records of All Workplace Incidents – Save emails, HR reports, and other communications.
• Document Any Discriminatory Treatment – Write down dates, times, and witnesses.
• Know Your Rights – Stay informed about California and federal labor laws.
• Seek Legal Advice Early – Don’t wait too long to take action.

If you suspect wrongful termination, speaking with a lawyer immediately can help you protect your rights and secure compensation.

Being wrongfully terminated due to discrimination is a serious violation of your rights. You don’t have to accept unfair treatment. Legal protections exist, and you may be entitled to compensation.

If you believe you were fired due to discrimination, contact a wrongful termination lawyer today to explore your legal options.