Losing your job unexpectedly can leave you anxious about your future, especially when you believe your employer acted unlawfully. Whether your employer discriminated, retaliated, or broke an employment agreement, you have the right to pursue justice and financial recovery for your losses. A Los Angeles wrongful termination lawyer from Greenberg Gross can help you hold the responsible party accountable.
Our attorneys understand what it takes to build a strong case and protect workers’ rights in Los Angeles. We can guide you through each step of the process and handle communication with your employer or their legal team so you can focus on rebuilding your career.
Key Takeaways: Wrongful Termination Claims in Los Angeles
California is an at-will employment state, but numerous exceptions protect workers from illegal termination
Wrongful termination can occur based on discrimination, retaliation, breach of contract, or violation of public policy
Employees typically have one year to file administrative complaints with the DFEH/CRD for discrimination claims
Documented evidence of your termination circumstances significantly strengthens your potential case
Successful wrongful termination claims can result in compensation for lost wages, emotional distress, and punitive damages
What Is Wrongful Termination in California?
Employees in Los Angeles sometimes lose their jobs for unlawful reasons. Wrongful termination happens when an employer violates a law or employment agreement when firing someone. California protects employees through several key legal principles.
Understanding At-Will Employment
Most California workers are employed at will, meaning either the employer or employee can end the working relationship at any time, for any lawful reason. However, employers can’t use this freedom to break state or federal laws.
Legal Exceptions to At-Will Employment
Some terminations violate exceptions to at-will employment, including:
Discrimination: Firing someone due to their race, gender, religion, age, or other protected traits.
Retaliation: Terminating an employee for reporting illegal behavior or exercising a legal right.
Public policy: Letting an employee go for reasons that violate basic legal principles, like firing someone for serving on a jury.
Contract violations: Ending employment in breach of a written or implied contract.
Protected Activities Under California Law
Certain employee actions are protected by law. Employers may not fire you for:
Reporting harassment or discrimination
Filing a complaint about unsafe working conditions
Requesting or taking family or medical leave
Reporting wage and hour violations
Participating in an investigation
What Are the Most Common Types of Wrongful Termination?
Wrongful termination can take many forms, depending on the circumstances. Employers in industries across Los Angeles have been held responsible for illegal firings.
Discrimination Based on Protected Classes
Federal and state laws prohibit firing someone based on protected characteristics such as race, color, gender identity, national origin, age, religion, sexual orientation, or disability. For example, an employee in Santa Monica may be dismissed after disclosing a disability, which could constitute unlawful discrimination.
Retaliation for Whistleblowing
California law shields workers who report illegal activities from retaliation. Whistleblowers who expose unsafe workplace practices, tax fraud, or harassment cannot legally be fired for doing so.
Termination in Violation of Public Policy
Employers cannot fire someone for fulfilling a legal obligation or exercising a right. For example, a worker in Koreatown who takes time off for jury duty or refuses to engage in illegal conduct cannot legally be terminated for those actions.
Breach of Employment Contract
Written and implied contracts may limit an employer’s ability to terminate employment. A company that ignores specific terms of an employment agreement, such as guaranteed duration or conditions for dismissal, can face legal action for breach.
Constructive Discharge
Sometimes, an employer doesn’t fire the worker directly but makes working conditions so unbearable that the employee feels forced to resign. This can include ongoing harassment, demotion, or pay cuts used to drive someone out.
Which California Laws Protect Against Wrongful Termination?
California’s strong labor laws protect workers against unfair treatment and illegal dismissal. Several laws apply depending on the reason for termination, and understanding when you may have a case against wrongful termination is essential to protecting your rights.
California Fair Employment and Housing Act (FEHA)
FEHA prohibits discrimination and retaliation in employment decisions. It protects employees from wrongful termination based on race, gender, age, religion, or other protected characteristics.
California Labor Code Protections
The California Labor Code contains numerous sections that shield employees from termination for engaging in protected activities, such as reporting wage theft or safety violations.
Federal Laws That Apply in California
Federal laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), also protect employees from wrongful termination.
Public Policy Exceptions Under California Law
Public policy exceptions safeguard employees who act in the public interest. Workers cannot be terminated for refusing to break the law, exercising constitutional rights, or reporting misconduct.
How Do I Know If I Was Wrongfully Terminated?
Recognizing wrongful termination often involves examining patterns and documentation surrounding your job loss.
Warning Signs of Illegal Termination
Employers sometimes disguise unlawful motives with excuses like poor performance. Sudden disciplinary actions after a complaint or inconsistent enforcement of policies may reveal wrongdoing.
Evaluating Your Employment Documentation
Review your employment contract, employee handbook, and performance reviews. These records may show whether your employer violated written policies or agreements.
Timing and Circumstances of Your Termination
The timing of your dismissal can provide strong evidence. For example, being fired shortly after reporting discrimination or requesting medical leave may suggest retaliation.
Comparing Your Treatment to Other Employees
When other employees with similar performance records are treated more favorably, this can support your claim of unfair treatment or discrimination.
What Evidence Do I Need to Prove Wrongful Termination?
Solid evidence helps demonstrate that your employer’s reason for firing you was unlawful.
Employment Records and Documentation
Keep copies of your job offer, contract, and any documents outlining company policies. These materials show what your employer promised and whether they broke those terms.
Email and Text Message Communications
Messages that show discriminatory remarks, threats, or retaliation can strongly support your case.
Witness Statements from Coworkers
Statements from coworkers who saw or heard unlawful behavior can confirm your account and provide credibility.
Performance Reviews and Disciplinary Records
These records could reveal inconsistencies in how your employer evaluated your performance, especially if you had positive reviews before being fired.
Medical Records (If Applicable)
When wrongful termination involves medical leave or disability, medical records can help prove that you were entitled to time off or accommodations under state or federal law.
What Damages Can I Recover in a Wrongful Termination Case?
Wrongful termination cases allow employees to pursue different types of damages depending on the losses experienced.
Economic Damages: Lost Wages and Benefits
These include lost income, bonuses, and benefits you would have earned if you had not been terminated.
Non-Economic Damages: Emotional Distress
Losing a job unjustly can cause deep personal hardship, including stress, anxiety, or loss of confidence. Courts may award compensation for the emotional harm caused by your employer’s conduct.
Punitive Damages in Egregious Cases
Courts may award punitive damages when employers act with malice or reckless disregard for workers’ rights. These damages punish unlawful conduct and deter future violations.
Attorney’s Fees and Costs
California law allows prevailing employees to recover attorney’s fees and certain legal expenses in wrongful termination cases.
What Are the Time Limits for Filing a Wrongful Termination Claim?
Employees usually have one year from the date of termination to file a complaint with the Department of Fair Employment and Housing (now the Civil Rights Department).
Statute of Limitations for Breach of Contract Claims
For written employment contracts, the deadline is typically four years. For oral or implied contracts, it’s generally two years.
Whistleblower and Retaliation Claim Deadlines
The time frame depends on the law violated, but prompt action ensures your rights remain protected.
Why Acting Quickly Protects Your Rights
Acting promptly allows your personal injury attorney to collect evidence before it’s lost and contact witnesses while memories remain fresh.
Can I Be Fired for Taking Medical Leave in California?
Employers must honor your right to medical leave under both state and federal law.
FMLA and CFRA Protections
The Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) grant eligible employees up to 12 weeks of unpaid leave for medical or family reasons. Employers cannot terminate or retaliate against you for using this leave.
Pregnancy Disability Leave Rights
California provides separate leave rights for pregnancy-related conditions, including time off before and after childbirth. Employers must restore your position or a comparable one once your leave ends.
Termination During or After Protected Leave
If your employer dismisses you during or soon after protected leave, it could be a violation of your legal rights.
Employer Obligations Under Leave Laws
Employers must maintain your benefits during approved leave and cannot count the absence against you in performance evaluations.
What Should I Do Immediately After Being Terminated?
Taking immediate steps after your termination strengthens your potential claim.
Document Everything About Your Termination
Write down details about your firing, including dates, names of those involved, and what was said during meetings.
Request Your Personnel File
California law allows you to request and review your personnel file. This may include performance reviews and disciplinary notes that provide insight into your employer’s actions.
Preserve Electronic Evidence
Save relevant emails, texts, and messages that show discriminatory or retaliatory behavior.
Avoid Signing Severance Agreements Without Review
Some employers include waivers in severance packages that release them from liability. Have an attorney review these agreements before signing.
Consult with an Employment Attorney
An attorney can assess your claim, help gather evidence, and communicate with your employer or their insurer to protect your rights.
How Our Attorneys Can Help
At Greenberg Gross, we handle wrongful termination cases with dedication and compassion. Our attorneys help workers across Los Angeles seek justice after unlawful job loss.
Case Evaluation and Legal Strategy
We review your case details, identify violations, and determine the best legal approach to pursue your claim.
Investigation and Evidence Gathering
Our team collects employment records, communications, and witness statements to build a persuasive case.
Negotiation with Employers and Insurance Companies
We engage directly with employers and their insurance representatives to pursue a fair resolution. If they refuse to act in good faith, we move forward with litigation.
Administrative Complaint Filing and Representation
We handle filings with the Civil Rights Department or other agencies and represent you in all proceedings.
Litigation and Trial Advocacy
When settlement efforts fail because of employer resistance, we’re prepared to present your case in court and seek a just outcome.
Maximizing Your Compensation
We help you document your losses and calculate the financial impact of your wrongful termination to support your claim for recovery.
Frequently Asked Questions About Wrongful Termination Claims in CA
Can my employer fire me without giving a reason in California?
Yes, California is an at-will employment state, but employers can’t fire someone for illegal reasons such as discrimination or retaliation.
What is the difference between wrongful termination and unfair termination?
Wrongful termination breaks state or federal law, while unfair termination may feel unjust but doesn’t always involve a legal violation.
Will filing a wrongful termination claim hurt my chances of finding new employment?
Employers cannot legally retaliate against you for exercising your rights, and many prospective employers respect workers who stand up against unlawful treatment.
How much does it cost to hire a wrongful termination attorney in Los Angeles?
Most attorneys handle wrongful termination cases on a contingency fee basis, meaning you don’t pay upfront legal fees. The attorney receives a percentage of any recovery obtained on your behalf.
Can I sue for wrongful termination if I was an independent contractor?
Independent contractors generally don’t have the same protections as employees. However, if your employer misclassified you, you may still have a valid claim.
Contact Our Wrongful Termination Attorneys in Los Angeles Now
Wrongful termination can cause financial strain and uncertainty about the future, but you don’t have to face it alone. The LA employment attorneys at Greenberg Gross are ready to review your case, explain your legal options, and help you pursue compensation for your losses.
Our firm has helped workers across Los Angeles County, from Downtown Los Angeles to the San Fernando Valley, stand up to employers who broke the law. Call (213) 334-7000 today for a free case evaluation.
Our Los Angeles Wrongful Termination Lawyer Office Location
Address: 601 S Figueroa St 30th floor, Los Angeles, CA 90017 Phone: (213) 334-7000
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