Wrongful termination occurs when a California employer fires an employee for an illegal reason — such as discrimination, retaliation for reporting violations, or exercising protected rights like taking medical leave. If you were fired and suspect the real reason was unlawful, you may be entitled to lost wages, emotional distress damages, and more under California’s Fair Employment and Housing Act (FEHA) and other state and federal laws.
At the Law Offices of Todd M. Friedman, P.C., we have recovered over $1.2 million in a single wrongful termination settlement involving age discrimination — and we have secured millions more for Los Angeles workers who were illegally fired. Attorney Todd M. Friedman, recognized as a Super Lawyer for 10 consecutive years (2016–2025), exclusively represents employees and has litigated over 5,000 plaintiff cases. Call 323-925-2659 for a free consultation.
What Counts as Wrongful Termination in California?
California is an “at-will” employment state, meaning employers can generally fire employees for any reason or no reason at all. However, there are critical exceptions. Your termination is illegal if it was based on:
Discrimination Under FEHA
California’s Fair Employment and Housing Act (Government Code §12940) prohibits termination based on race, color, national origin, ancestry, religion, age (40+), disability, sex, gender, sexual orientation, gender identity, marital status, medical condition, genetic information, or military/veteran status. Unlike federal Title VII (which requires 15+ employees), FEHA applies to all California employers with 5 or more employees and has no caps on damages.
Retaliation for Reporting Violations
Under California Labor Code §1102.5 (the Whistleblower Protection Act), employers cannot fire employees who report suspected violations of state or federal law. This includes reporting sexual harassment, wage theft, safety violations, fraud, or other illegal conduct to HR, management, or government agencies like Cal/OSHA or the EEOC.
Taking Protected Leave (FMLA/CFRA)
The California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) protect employees who take leave for serious health conditions, to care for a family member, or for the birth/adoption of a child. If your employer refused to reinstate you or terminated you for taking protected leave, that is wrongful termination. CFRA covers employers with just 5+ employees — broader than federal FMLA’s 50-employee threshold.
Refusing to Participate in Illegal Activities
California law protects employees who refuse to break the law at their employer’s direction. If you were fired because you would not participate in fraud, falsify records, violate safety regulations, or engage in other illegal activity, you have a wrongful termination claim.
Breach of Employment Contract
If you have a written or implied employment contract that limits the reasons for termination or requires specific procedures before firing, your employer must honor those terms. Violating the terms of your contract — such as terminating you without the required notice period — is grounds for a wrongful termination lawsuit.
How Do You Prove Wrongful Termination in California?
Wrongful termination cases require evidence showing that your firing was motivated by an illegal reason rather than a legitimate business decision. Here is how to build a strong case:
Document everything. Save emails, text messages, performance reviews, written warnings, and any communications showing a shift in your employer’s behavior — especially after you took a protected action like filing a complaint or requesting leave.
Establish timing. One of the strongest indicators of wrongful termination is timing. If you were fired shortly after reporting harassment, requesting FMLA leave, or filing a wage complaint, that proximity creates a presumption of retaliation that your employer must rebut.
Identify witnesses. Coworkers who observed discriminatory comments, saw retaliation unfold, or can confirm that the stated reason for your termination was pretextual can significantly strengthen your case.
Preserve electronic evidence. Do not delete any work-related emails, texts, or voicemails. If you have access to performance records or HR documents, save copies before you lose access to company systems.
At the Law Offices of Todd M. Friedman, P.C., we analyze your evidence, identify the strongest legal theories, and build your case from day one. We handle all communication with your former employer so you can focus on your next steps.
What Damages Can You Recover for Wrongful Termination?
California wrongful termination victims may be entitled to:
- Back pay — Lost wages and benefits from the date of termination to the date of judgment
- Front pay — Future lost earnings if reinstatement is not practical
- Emotional distress damages — Compensation for anxiety, depression, humiliation, and other emotional harm
- Punitive damages — Additional penalties when the employer acted with malice or oppression
- Attorney fees and costs — Under FEHA and other statutes, the employer pays your legal fees if you prevail
- Job reinstatement — In some cases, the court may order your employer to rehire you
There are no damage caps under FEHA for discrimination and harassment claims, unlike federal law which caps damages based on employer size. This is one of the key advantages of filing under California state law.
What Are the Deadlines for Filing a Wrongful Termination Claim?
Missing a filing deadline permanently bars your claim. The key deadlines in California are:
- FEHA claims (discrimination, harassment, retaliation): 3 years to file with the California Civil Rights Department
- Wrongful termination in violation of public policy: 2 years from the date of termination
- Breach of employment contract (written): 4 years
- Breach of employment contract (oral/implied): 2 years
- Whistleblower retaliation: Varies by statute (1–3 years)
Do not wait. Evidence disappears, witnesses forget details, and deadlines pass faster than you expect. Contact us immediately at 323-925-2659.
Why Choose the Law Offices of Todd M. Friedman for Your Wrongful Termination Case?
Proven results. We recovered $1.2 million for a Los Angeles worker wrongfully terminated due to age discrimination. Our firm has secured millions more for employees across California.
Recognized expertise. Todd M. Friedman has been named a Super Lawyer for 10 consecutive years (2016–2025), holds an AV Preeminent rating from Martindale-Hubbell, and maintains an A+ BBB rating.
We only represent employees. We never represent employers. This means zero conflicts of interest and complete alignment with your goals.
No fee unless we win. We work on contingency — you pay nothing upfront, nothing out of pocket, and no fee at all unless we recover compensation for you.
Direct attorney access. You speak directly with Todd Friedman from your first consultation — not a paralegal or intake specialist.
What Our Clients Say
“Todd always gets back to you, replies to emails/calls in timely manner, most firms are not as responsive. He lives up to his word with respect to getting in touch with his clients.” — Robert Taylor (Google Review)
“I’m utterly so thankful to Attorney Todd Friedman and his staff. I had the absolute best representation and result any client could ask for in my situation. He deserves to be Super Attorney every year.” — Lauren Kattuah (Google Review)
Wrongful Termination FAQ
Can I sue for wrongful termination in California if I am an at-will employee?
Yes. While California is an at-will employment state, there are significant exceptions. You can sue if you were fired due to discrimination based on a protected characteristic (race, age, gender, disability, etc.), retaliation for reporting violations or exercising legal rights, taking protected leave under CFRA or FMLA, refusing to participate in illegal activity, or breach of an employment contract. California’s Fair Employment and Housing Act (FEHA) provides broader protections than federal law and applies to employers with just 5 or more employees.
How much is a wrongful termination case worth in California?
The value of a wrongful termination case depends on several factors including your lost wages, length of employment, severity of the employer’s conduct, and emotional distress suffered. California has no damage caps under FEHA, unlike federal law. Recoverable damages include back pay, front pay, emotional distress, punitive damages, and attorney fees. Our firm recovered $1.2 million in a single wrongful termination case involving age discrimination.
How long do I have to file a wrongful termination lawsuit in California?
The deadline depends on the type of claim. For FEHA discrimination or retaliation claims, you have 3 years to file with the California Civil Rights Department. For wrongful termination in violation of public policy, the statute of limitations is 2 years. For breach of a written employment contract, it is 4 years. Missing these deadlines permanently bars your claim, so it is critical to consult an attorney as soon as possible after termination.
What evidence do I need to prove wrongful termination?
Key evidence includes documentation of the timeline (especially the proximity between a protected activity and your termination), emails or messages showing discriminatory or retaliatory intent, performance reviews showing satisfactory work before termination, witness statements from coworkers, your employment contract or handbook, and any communications from HR regarding the stated reason for your firing. An experienced attorney can help you identify and preserve the most important evidence for your case.
Do I need to file with a government agency before suing for wrongful termination?
It depends on the type of claim. For FEHA discrimination and harassment claims, you must first file with the California Civil Rights Department (formerly DFEH) and obtain a right-to-sue notice. For wrongful termination based on public policy violations, breach of contract, or certain whistleblower claims, you can file a lawsuit directly in court without going through an agency first. An attorney can advise on the correct procedure for your specific situation.
Can my employer retaliate against me for filing a wrongful termination claim?
No. Retaliation for filing a wrongful termination claim, participating in an investigation, or exercising your legal rights is illegal under both California law (FEHA, Labor Code §1102.5) and federal law. If your former employer retaliates — through blacklisting, negative references, or interference with your new employment — you may have an additional retaliation claim with separate damages.
What is the difference between being fired and wrongful termination?
Being fired simply means your employment was ended by your employer. In an at-will state like California, that is generally legal. Wrongful termination means you were fired for a reason that violates the law — such as discrimination, retaliation, taking protected leave, or refusing to do something illegal. The distinction is not whether you were fired, but why. If the real reason for your termination was unlawful, you have a wrongful termination claim regardless of what reason your employer gave.
Contact a Wrongful Termination Attorney Today
If you were fired and believe the real reason was illegal, do not wait. Evidence disappears, witnesses move on, and filing deadlines are strict. The Law Offices of Todd M. Friedman, P.C. offers a free, confidential consultation where you speak directly with attorney Todd Friedman about your situation.
Call 323-925-2659 or contact us online to schedule your free case evaluation. No fee unless we win.
Serving all of Los Angeles County, including Beverly Hills, Santa Monica, Pasadena, Glendale, Burbank, Long Beach, Calabasas, Woodland Hills, Sherman Oaks, and all surrounding communities throughout California.
