While California is an at-will employment state, numerous exceptions protect Los Angeles workers from wrongful termination based on illegal discrimination, retaliation, or violations of public policy.
Table of Contents
- Understanding At-Will Employment and Its Exceptions
- Types of Wrongful Termination
- Discrimination-Based Wrongful Termination
- Termination in Retaliation for Protected Activity
- Public Policy Violations and Whistleblowing
- Contract and Good Faith Violations
- How to Prove Wrongful Termination
- How Law Offices of Todd M. Friedman, P.C. Can Help
Understanding At-Will Employment and Its Exceptions
California follows the “at-will” employment doctrine, meaning that either the employer or employee can end the employment relationship at any time, for any reason, or for no reason at all—with or without notice. However, this broad rule has significant exceptions that protect workers from illegal termination.
What At-Will Employment Means:
Employer Rights: Generally can terminate employees without cause or advance notice (subject to final paycheck requirements).
Employee Rights: Can quit at any time without penalty (though may affect eligibility for unemployment benefits).
No Job Security Guarantee: Employees don’t have an inherent right to continued employment absent a contract or law providing otherwise.
Major Exceptions to At-Will Employment:
Despite the at-will rule, California law creates numerous exceptions where termination becomes illegal:
Anti-Discrimination Laws: Cannot terminate based on protected characteristics like race, gender, age, disability, religion, etc.
Anti-Retaliation Laws: Cannot fire employees for asserting their legal rights or participating in protected activities.
Public Policy Protections: Cannot terminate for refusing to violate laws or for reporting illegal activity.
Contract Protections: Cannot breach express or implied employment contracts.
Good Faith and Fair Dealing: Cannot terminate in bad faith to avoid obligations like paying earned commissions.
These exceptions ensure that while employers have broad discretion to make personnel decisions, they cannot use that discretion to violate fundamental employment rights or public policies.
Types of Wrongful Termination
Wrongful termination in California typically falls into several categories, each with different legal standards and remedies:
Discriminatory Termination:
Firing based on protected characteristics under federal and California civil rights laws.
Retaliatory Termination:
Termination in response to employee’s engagement in legally protected activity.
Public Policy Violations:
Termination that violates clearly established public policies, such as firing someone for:
- Refusing to commit illegal acts
- Reporting violations of law (whistleblowing)
- Exercising legal rights (voting, serving on jury duty)
- Performing legal obligations
Breach of Contract:
Termination that violates express or implied employment contracts.
Breach of Good Faith and Fair Dealing:
Termination designed to deprive employees of benefits or compensation they’ve earned.
Discrimination-Based Wrongful Termination
California’s Fair Employment and Housing Act (FEHA) and federal civil rights laws prohibit termination based on protected characteristics. This represents one of the most common forms of wrongful termination.
Protected Characteristics Under FEHA:
- Race and color
- National origin and ancestry
- Religion and creed
- Sex, gender, and gender identity
- Sexual orientation
- Age (40 and over)
- Physical and mental disability
- Medical condition
- Pregnancy and related conditions
- Marital status
- Military and veteran status
- Genetic information
How Discriminatory Termination Occurs:
Direct Evidence: Explicit statements showing discriminatory intent (“We’re letting you go because you’re too old”).
Circumstantial Evidence: Pattern of evidence suggesting discriminatory motive:
- Replacement by someone outside your protected class
- Discriminatory comments by decision-makers
- Differential treatment compared to similarly situated employees
- Timing related to protected activity (pregnancy announcement, disability accommodation request)
- Pretextual reasons that don’t hold up to scrutiny
Common Discriminatory Termination Scenarios:
- Firing pregnant employees or new mothers
- Terminating older workers during “restructuring”
- Dismissing employees who request disability accommodations
- Firing workers based on accent or national origin
- Terminating employees for religious practices or beliefs
- Dismissing workers based on sexual orientation or gender identity
Termination in Retaliation for Protected Activity
Retaliatory termination occurs when employers fire employees for engaging in legally protected activities. This form of wrongful termination is particularly common and often easier to prove than discrimination claims.
Protected Activities Leading to Retaliation:
Filing Complaints:
- Internal complaints about discrimination, harassment, or unsafe conditions
- Filing charges with government agencies (EEOC, Labor Commissioner)
- Participating in workplace investigations
- Filing lawsuits against the employer
Asserting Rights:
- Requesting reasonable accommodations
- Taking family or medical leave
- Claiming wage and hour violations
- Refusing to work in unsafe conditions
- Exercise voting rights or jury service
Whistleblowing:
- Reporting violations of law to authorities
- Refusing to participate in illegal activities
- Disclosing information about employer wrongdoing
Proving Retaliatory Termination:
To establish retaliatory termination, you typically must show:
- You engaged in protected activity
- Your employer terminated your employment
- There was a causal connection between the protected activity and termination
Evidence of Causation:
- Timing: Termination shortly after protected activity
- Retaliatory statements by supervisors
- Departure from normal termination procedures
- Pretextual reasons that don’t withstand scrutiny
- Differential treatment compared to other employees
Public Policy Violations and Whistleblowing
California recognizes wrongful termination claims when firing violates clearly established public policy. This protection ensures employees can fulfill legal obligations and report wrongdoing without fear of termination.
Four Categories of Public Policy Protection:
1. Refusing to Violate Laws:
- Refusing to commit perjury
- Declining to engage in illegal price-fixing
- Refusing to falsify records or reports
- Declining to violate safety regulations
2. Performing Legal Obligations:
- Serving jury duty
- Testifying in legal proceedings
- Complying with subpoenas
- Fulfilling military service requirements
3. Exercising Legal Rights:
- Voting or engaging in political activities
- Filing workers’ compensation claims
- Exercising free speech rights (in limited circumstances)
- Taking legally protected leave
4. Reporting Violations of Law (Whistleblowing):
- Reporting safety violations to OSHA
- Disclosing financial fraud to securities regulators
- Reporting environmental violations
- Disclosing healthcare fraud
- Reporting tax evasion
California Whistleblower Protections:
California Labor Code Section 1102.5 provides broad whistleblower protections for employees who:
- Disclose violations of law to government agencies
- Report violations internally within the company
- Refuse to participate in activities that violate laws
- Provide information during government investigations
The law protects disclosure of violations of federal, state, or local laws, rules, or regulations, making it one of the broadest whistleblower statutes in the nation.
Contract and Good Faith Violations
While most California employment is at-will, some employees have contractual protections that limit their employer’s ability to terminate them.
Express Employment Contracts:
Written Contracts: Formal employment agreements specifying termination procedures or grounds.
Union Contracts: Collective bargaining agreements typically requiring “just cause” for termination.
Severance Agreements: Contracts providing specific termination benefits or procedures.
Implied Employment Contracts:
Sometimes employer conduct creates implied contractual protections:
Employee Handbooks: Policies stating employees will only be terminated “for cause” or after progressive discipline.
Oral Promises: Verbal assurances of job security or specific termination procedures (though difficult to prove).
Course of Dealing: Consistent employer practices suggesting termination only occurs for specific reasons.
Covenant of Good Faith and Fair Dealing:
California recognizes that employers cannot terminate employees in bad faith to:
- Avoid paying earned commissions or bonuses
- Prevent vesting of benefits or stock options
- Avoid pension obligations
- Force employees to give up earned benefits
This protection typically applies when termination is motivated by the employer’s desire to avoid financial obligations to the employee.
How to Prove Wrongful Termination
Building a successful wrongful termination case requires careful documentation and strategic presentation of evidence.
Gather Essential Documentation:
Employment Records:
- Offer letters and employment contracts
- Performance reviews and evaluations
- Disciplinary records and warnings
- Promotion and raise history
- Job descriptions and responsibilities
Termination Documentation:
- Termination notice and stated reasons
- Exit interview notes
- Final paycheck and benefits information
- Unemployment benefit determinations
Evidence of Protected Activity:
- Complaints filed with HR or management
- Government agency filings
- Medical leave requests
- Accommodation requests
- Safety complaints or reports
Document Discriminatory or Retaliatory Conduct:
- Discriminatory comments or statements
- Differential treatment compared to other employees
- Changes in treatment following protected activity
- Evidence of pretextual reasons for termination
- Witness statements supporting your claims
Establish Timeline and Causation:
- Create chronological timeline of events
- Show proximity between protected activity and termination
- Document any retaliatory statements or conduct
- Compare your treatment to similarly situated employees
- Identify departures from normal company procedures
Calculate Damages:
- Lost wages from termination to present
- Lost benefits and vacation time
- Future lost earnings (front pay)
- Emotional distress damages
- Job search and mitigation expenses
- Punitive damages (where applicable)
Understand Deadlines:
Government Agency Filings:
- EEOC: 300 days for federal claims
- DFEH/CRD: 3 years for California discrimination claims
- Labor Commissioner: Various deadlines for wage claims
Lawsuit Filing Deadlines:
- Discrimination: 3 years in California
- Retaliation: 3 years in California
- Public policy violations: 2 years
- Contract claims: 4 years (written) or 2 years (oral)
How Law Offices of Todd M. Friedman, P.C. Can Help
At Law Offices of Todd M. Friedman, P.C., we understand that wrongful termination represents more than just job loss—it’s often a devastating blow to your career, financial security, and sense of justice. We’re committed to holding employers accountable when they violate the law and helping our clients rebuild their professional lives.
Our Wrongful Termination Practice:
Comprehensive Case Evaluation: We thoroughly analyze your termination to identify all potential legal claims under federal and California law.
Evidence Preservation and Development: We move quickly to preserve crucial evidence and conduct thorough investigations to build the strongest possible case.
Multi-Theory Approach: We pursue all applicable legal theories—discrimination, retaliation, public policy violations, and contract breaches—to maximize your recovery.
Damages Calculation: We work with economists and vocational experts to accurately calculate your lost wages, future earning capacity, and other damages.
Strategic Litigation: We develop case strategies designed to achieve the best possible outcome through negotiation or trial.
Employer Accountability: We pursue not just individual remedies but also seek to ensure employers change policies and practices that led to wrongful termination.
Contingency Fee Representation: We handle wrongful termination cases on a contingency basis—you pay no attorney fees unless we recover compensation for you.
Types of Wrongful Termination Cases We Handle:
- Discriminatory termination based on protected characteristics
- Retaliatory firing for asserting legal rights
- Termination for refusing to violate laws
- Firing for reporting illegal activity (whistleblowing)
- Termination violating employment contracts
- Bad faith discharge to avoid paying earned benefits
- Termination for exercising legal rights (jury duty, voting, etc.)
- Firing for requesting accommodations or taking protected leave
What Sets Us Apart:
Immediate Response: Wrongful termination cases require quick action to preserve evidence and protect your rights. We respond immediately to assess your situation.
Thorough Investigation: We conduct comprehensive investigations, often uncovering additional evidence of employer misconduct.
Personal Attention: We understand the personal impact of wrongful termination and provide not just legal representation but guidance through a difficult time.
Proven Results: We have successfully represented numerous wrongful termination victims, securing substantial settlements and verdicts.
Trial Experience: While many cases settle, we’re fully prepared to take your case to trial if necessary to achieve justice.
Being wrongfully terminated can feel like your employer has stolen not just your job, but your future. California law provides strong protections against wrongful termination, and Law Offices of Todd M. Friedman, P.C. has the experience and dedication to enforce those protections.
If you believe you’ve been wrongfully terminated in Los Angeles or Southern California, don’t wait to take action. Evidence can be lost, witnesses’ memories can fade, and important deadlines can pass. Contact us today for a free consultation to discuss your situation and explore your legal options.
Your career and financial security deserve protection. Contact Law Offices of Todd M. Friedman, P.C. today to fight back against wrongful termination and hold your employer accountable for violating the law.
