Understanding Wrongful Termination in California
In California, most employment relationships are considered “at‑will,” meaning an employer or employee can end the employment relationship at any time, with or without cause. However, not all terminations are lawful. Wrongful termination occurs when an employee is fired for illegal reasons, especially when that firing violates public policy or statutory employee protections.
Under the California Fair Employment and Housing Act (FEHA), it is unlawful for an employer to terminate an employee because of protected characteristics such as race, gender, age (40 and over), religion, disability, national origin, or other characteristics listed in state law. If an employer fires someone for one of these discriminatory reasons, that individual may have a wrongful termination claim.
Wrongful termination can also occur when an employee is fired in retaliation for engaging in legally protected activity. Examples include reporting discrimination or harassment, requesting a reasonable accommodation for a disability or religious belief, taking protected family or medical leave, or whistleblowing about unlawful practices. Retaliation claims are serious because California law expressly prohibits adverse employment actions taken in response to such protected conduct.
Importantly, a wrongful termination claim does not require an employment contract. So, even at‑will employees can challenge a firing if it was motivated by discriminatory or retaliatory intent. Proving such intent often relies on documentation, witness testimony, and evidence that the employer treated the employee differently from others with similar job performance but without the protected characteristic or protected activity.
If a wrongful termination claim is successful, remedies can include reinstatement to employment, back pay for lost earnings, compensation for emotional distress, punitive damages in cases involving malice or reckless indifference, and attorney’s fees. Experienced employment attorneys can help employees assess whether a termination was wrongful and guide them through administrative filings or litigation.
Wrongful termination law is complex and if you believe you were wrongfully terminated in violation of California law, consult with a qualified employment law attorney at Hawkins Legal P.C. to help protect your rights and preserve potential claims. Contact us today at (909) 890-1090 or visit
hawkinslegalpc.com to schedule a consultation.
Statutes and Government Sources
- California Civil Rights Department. Employment Discrimination Overview. https://calcivilrights.ca.gov/employment/
- Cal. Gov. Code § 12940 (California Fair Employment and Housing Act).
- Judicial Council of California Civil Jury Instructions (CACI) No. 2500–2507, Employment Discrimination and Retaliation.
Secondary Sources
- Shouse Law Group. FEHA Violations and Retaliation in California Employment Law. https://www.shouselaw.com/ca/labor/wrongful-termination/feha-violations/
- California Department of Industrial Relations. Employee Rights and Protections in the Workplace. https://www.dir.ca.gov
