In California, Illinois, Ohio, and Pennsylvania, most employees work “at-will.” This generally means your employer can terminate you for any reason—or even no reason at all. However, many workers are surprised to learn that at-will does not mean “anything goes.”
Federal and state laws provide critical exceptions to at-will employment. If you were fired for an illegal reason, you may have a wrongful termination claim. At the Law Offices of Todd M. Friedman, P.C., we have spent over 20 years holding corporations accountable, recovering nearly $1 billion for individuals whose rights were violated.
Understanding At-Will Employment vs. Wrongful Termination
While at-will employment gives employers broad discretion, the law draws clear boundaries. You cannot be fired for reasons that violate public policy, discriminate based on protected characteristics, or retaliate against legally protected activities. The challenge is that employers rarely admit the real reason for termination—they’ll cite “performance issues” or “restructuring” instead.
That’s where documentation and legal expertise become crucial. Here are five situations where your firing may cross the line into illegal termination:
1. Was I fired because of my identity? (Discrimination)
It is illegal to fire an employee based on “protected characteristics.” This includes race, religion, gender, pregnancy, age (40+), disability, or sexual orientation under the Fair Employment and Housing Act (FEHA) and Title VII.
Discrimination is rarely explicit. Instead, look for patterns: Were you suddenly placed on a performance improvement plan after announcing your pregnancy? Did younger, less qualified employees receive promotions you were denied? Were you subjected to hostile comments about your religion or ethnicity before termination?
Even “seemingly neutral” policies can be discriminatory if they disproportionately impact protected groups. For example, a blanket policy against head coverings may unlawfully target religious employees.
Red flags that suggest discrimination:
- Timing: Termination shortly after disclosing a protected characteristic
- Inconsistent enforcement of policies (stricter standards applied to you)
- Comments about your age, appearance, accent, or background
- Being replaced by someone outside your protected class
- Disparate treatment compared to similarly situated employees
2. Was I fired for speaking up? (Whistleblowing & Retaliation)
You cannot be legally fired for being a “whistleblower.” If you reported illegal activity, safety violations, wage theft, harassment, or discrimination—whether internally or to government agencies—you are protected under federal and state law.
Retaliation often follows a predictable pattern: You report misconduct, then suddenly face increased scrutiny, negative performance reviews, shift changes, reduced hours, or termination. Employers may claim “unrelated business reasons,” but if the timing aligns with your protected activity, it raises serious legal questions.
Protected activities include:
- Filing a workers’ compensation claim
- Reporting OSHA violations or unsafe working conditions
- Complaining about wage and hour violations (unpaid overtime, missed breaks)
- Reporting sexual harassment or discrimination
- Cooperating with government investigations
- Refusing to participate in illegal activities
California’s Labor Code Section 1102.5 provides particularly strong whistleblower protections. Even if your complaint turns out to be incorrect, you’re still protected as long as you had a reasonable belief that the law was being violated.
3. Was I fired for taking medical or family leave? (FMLA/CFRA)
If you were terminated while on—or shortly after returning from—protected leave such as FMLA (federal) or CFRA (California), your employer may have violated the law. You have a right to care for yourself or a family member without losing your livelihood.
Under FMLA and CFRA, eligible employees can take up to 12 weeks of unpaid leave for serious health conditions, to care for family members, or for pregnancy/childbirth. Your employer must hold your job (or an equivalent position) and cannot retaliate against you for taking this leave.
Common FMLA/CFRA violations:
- Termination during your leave period
- Refusing to reinstate you to your original or equivalent position
- Counting FMLA leave against you in performance reviews
- Denying benefits or promotions because you took leave
- Creating a hostile environment upon your return
- Requiring you to accept a lesser position with reduced pay or responsibilities
Employers sometimes claim they would have terminated you anyway due to “legitimate business reasons,” but this defense fails if they cannot prove the decision was independent of your leave.
4. Was I fired for refusing to do something illegal? (Public Policy Violation)
An employer cannot fire you for refusing to break the law or for exercising your legal rights. This “public policy exception” protects employees who are terminated for reasons that society recognizes as illegitimate.
Examples of protected refusals:
- Refusing to falsify financial records, tax documents, or safety reports
- Declining to participate in fraudulent billing practices
- Refusing to ignore building code violations or health department regulations
- Declining to discriminate against customers or other employees
- Refusing to work in unsafe conditions without proper equipment
- Declining to destroy documents subject to legal holds
You’re also protected for exercising fundamental rights like serving on a jury, voting, or serving in the military reserves. If your employer punished you for any of these activities, the termination violates public policy regardless of at-will employment.
5. Was I fired despite having a contract? (Breach of Contract)
If you have a written employment contract that specifies a term of employment or requires “good cause” for termination, the at-will presumption doesn’t apply. Your employer must honor the contract terms.
However, contracts aren’t always formal documents. California recognizes “implied contracts” based on:
- Statements in employee handbooks promising job security
- Verbal assurances from managers about long-term employment
- Patterns of behavior (e.g., no one has ever been fired without progressive discipline)
- Industry custom and practice
If your handbook states that employees will only be terminated for specific reasons after documented warnings, your employer may have created an implied contract—even if they included an “at-will” disclaimer elsewhere.
Union members and government employees often have additional protections through collective bargaining agreements or civil service rules that require due process before termination.
Checklist: Evidence to Gather Before Meeting with a Wrongful Termination Lawyer
If you suspect your firing was illegal, the strength of your case depends on documentation. Before you contact our Los Angeles office, try to secure the following:
Essential documents:
- The Termination Notice: Any written correspondence, emails, or letters explaining why you were let go
- Performance Reviews: Copies of past evaluations—especially positive ones—to disprove claims of poor performance
- Internal Communications: Emails, Slack messages, or texts showing bias, harassment, or reactions to your protected activity
- The Employee Handbook: Company policies on discipline, termination procedures, and employee rights
- Employment Contract: Any written agreement specifying terms of employment
- Pay Stubs and Benefit Information: Helps calculate back pay and front pay damages
Additional helpful documentation:
- Timeline of Events: Written log with specific dates, conversations, and witnesses
- Witness Information: Names and contact details of coworkers who observed discriminatory behavior or retaliation
- Medical Documentation: If claiming disability discrimination or FMLA violation
- Complaint Records: Copies of any internal complaints you filed about harassment, discrimination, or illegal activity
- Comparative Evidence: Information about how similarly situated employees were treated differently
Important: Even if you didn’t keep copies of everything, don’t worry. Employment attorneys can often obtain additional evidence through the legal discovery process. The sooner you consult with an attorney, the better—there are strict deadlines for filing wrongful termination claims.
What Damages Can You Recover in a Wrongful Termination Case?
If your termination was illegal, you may be entitled to significant compensation:
- Back pay: Lost wages from termination date to trial or settlement
- Front pay: Future lost earnings if reinstatement isn’t feasible
- Lost benefits: Health insurance, retirement contributions, stock options
- Emotional distress damages: Compensation for anxiety, depression, and suffering
- Punitive damages: Additional penalties if employer acted with malice or fraud
- Attorney’s fees and costs: In many employment cases, the employer pays your legal fees if you win
California law also allows recovery for harm to your professional reputation, particularly if the termination involved defamatory statements.
Why Trust Todd M. Friedman?
With over two decades of experience and an A+ Rating from the Better Business Bureau, Todd M. Friedman has been named to the Top 100 Southern California Super Lawyers list. Our firm has the resources to take on the largest corporations in the country, ensuring that “at-will” is never used as a mask for injustice.
Our approach includes:
- Thorough investigation of your termination circumstances
- Expert analysis of whether your situation qualifies as wrongful termination
- Strategic negotiation with employers and their insurance carriers
- Aggressive litigation when settlement isn’t in your best interest
- Contingency fee arrangements—you pay nothing unless we recover compensation
We understand the financial and emotional toll of losing your job unfairly. Our team moves quickly to protect your rights and maximize your recovery.
Ready to find out if you have a case? Contact the Law Offices of Todd M. Friedman, P.C. for a Free Case Evaluation.
