Understanding Wrongful Termination in California
While California follows the "at-will" employment doctrine — meaning either the employer or employee can end the relationship at any time — there are critical exceptions. Wrongful termination occurs when an employer fires an employee for an illegal reason or in violation of an employment agreement.
At Zaghi & Chrzan, LLP, we have extensive experience representing employees who have been wrongfully terminated. Our track record includes millions recovered in individual settlements for employees across California.
Grounds for a Wrongful Termination Claim
Under California law, you may have a wrongful termination claim if you were fired for any of the following reasons:
- FEHA Discrimination: Termination based on race, gender, age, disability, religion, sexual orientation, national origin, or any other protected characteristic under the Fair Employment and Housing Act.
- Implied or Oral Contract Violation: If your employer made promises about job security — whether in an employee handbook, during interviews, or through verbal assurances — they may have created an implied contract that limits their ability to fire you.
- FMLA/CFRA Protection: You cannot be fired for taking legally protected family or medical leave under the Family and Medical Leave Act or California Family Rights Act.
- WARN Act Violations: The Worker Adjustment and Retraining Notification Act requires employers to provide 60 days' notice before mass layoffs. Failure to do so can result in a wrongful termination claim.
- Workers' Compensation Retaliation: It is illegal for an employer to fire you for filing a workers' compensation claim or reporting a workplace injury.
- Public Policy Violations: You cannot be fired for refusing to engage in illegal activity, for performing a legal obligation (like jury duty), or for exercising a legal right.
- Whistleblower Retaliation: California Labor Code Section 1102.5 protects employees who report legal violations. If you were fired for reporting unsafe conditions, fraud, or other illegal conduct, you have strong legal protections.
Statute of Limitations
The time you have to file a wrongful termination claim in California depends on the type of claim:
- FEHA discrimination claims: You must file a complaint with the California Civil Rights Department (formerly DFEH) within 3 years of the termination.
- Breach of contract claims: 2 years for oral contracts, 4 years for written contracts.
- Public policy violations: Generally 2 years from the date of termination.
- Whistleblower claims: Varies depending on the specific statute, but typically 2-3 years.
It is critical to act quickly. Evidence can disappear, witnesses forget details, and missing a deadline can permanently bar your claim.
What Damages Can You Recover?
If you were wrongfully terminated, you may be entitled to significant compensation, including:
- Lost wages and benefits — both past and future earnings you would have received
- Emotional distress damages — compensation for the psychological impact of being wrongfully fired
- Punitive damages — additional damages designed to punish the employer for particularly egregious conduct
- Attorney's fees and costs — in many cases, the employer must pay your legal fees if you prevail
- Reinstatement — in some cases, you may be entitled to get your job back
How We Can Help
Our wrongful termination attorneys at Zaghi & Chrzan, LLP understand the devastating impact that losing your job can have on your life and your family. We provide aggressive, personalized representation on a contingency fee basis — meaning you pay nothing unless we win your case.
We handle every aspect of your claim, from gathering evidence and interviewing witnesses to negotiating with your former employer and, if necessary, taking your case to trial. Our goal is to secure the maximum compensation available under the law.
What qualifies as wrongful termination in California?
A wrongful termination claim may arise when an employer fires an employee for an illegal reason, including discrimination, retaliation, protected leave, whistleblowing, or a violation of public policy or an employment agreement.
How long do I have to sue for wrongful termination?
The deadline depends on the legal theory involved. FEHA claims generally start with a California Civil Rights Department complaint within three years, while contract and public-policy claims often have shorter deadlines.
What damages can I recover after an unlawful firing?
Employees may be able to recover lost pay and benefits, emotional distress damages, attorney fees, and in some cases punitive damages or reinstatement.