How To File A California Wrongful Termination Claim

A Guide to California Wrongful Termination Claims and Legal Options to Protect Employee Rights.

Losing your job is difficult under any circumstances. Losing it unlawfully—because of discrimination, retaliation, or another protected reason—can be financially and emotionally devastating.

For thousands of California employees each year, wrongful termination threatens not only immediate income but long-term career stability and reputation.

California has some of the strongest employee protections in the country, but how you handle a wrongful termination claim from the start can significantly affect the outcome. Deadlines, procedural steps, and early decisions matter—often more than people realize.

This guide explains how wrongful termination claims work in California, what laws apply, and what options employees have to protect their rights.

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What Is Wrongful Termination Under California Law?

California is an at-will employment state, meaning employers may generally terminate employees at any time. However, that rule has critical exceptions. An employer may not terminate an employee for an illegal reason.

Wrongful termination commonly occurs when a firing is based on:

• Discrimination or harassment under the Fair Employment and Housing Act (FEHA)

• Retaliation for protected activity (complaints, leave, whistleblowing)

• Violation of public policy

• Breach of contract (written, oral, or implied)

• Failure to follow required procedures (e.g., WARN Act notice)

Key California Laws That Protect Employees

Fair Employment and Housing Act (FEHA)

FEHA (Gov. Code §12940 et seq.) applies to employers with five or more employees and prohibits discrimination, harassment, and retaliation based on protected characteristics, including:

• Race, color, national origin

• Sex, gender identity, sexual orientation

• Pregnancy and medical conditions

• Disability (physical and mental)

• Religion

• Age (40+)

• Genetic information

• Marital status

FEHA also protects employees who request accommodations or participate in investigations.

To help employees better understand how these protections apply in real situations, we created a free California Workplace Discrimination FEHA Claim Checker.

This tool walks through the core elements commonly reviewed in FEHA claims—such as protected status, adverse employment actions, timing, and available evidence—using plain language to provide a clearer picture of whether a situation may fall within FEHA’s scope.

Other Laws That May Apply

• California Family Rights Act (CFRA)

• New Parent Leave Act (NPLA)

• California Labor Code retaliation provisions

• California False Claims Act (qui tam whistleblower cases)

• WARN Act (mass layoffs)

Wrongful termination claims are often multi-theory cases, meaning more than one law may apply.

Wrongful Termination as Retaliation

Many wrongful termination cases are retaliation cases in disguise. Retaliation occurs when an employer punishes an employee for engaging in protected activity, such as:

• Reporting discrimination or harassment

• Complaining about unpaid wages or safety violations

• Requesting disability or religious accommodations

• Taking protected medical or family leave

• Whistleblowing or cooperating with investigations

Termination is the most severe form of retaliation, but retaliation can also include demotion, schedule changes, discipline, or forcing an employee to resign.

A Common Pitfall: Relying on Online Attorney Advertising

Employees often begin their wrongful termination claim by searching online for legal help. However, not all information presented in attorney advertisements accurately reflects experience, case focus, or suitability for a particular claim.

Independent reporting has highlighted how online legal advertising can sometimes mislead consumers about outcomes, specialization, or case viability—especially in complex employment cases where facts and timing matter more than headlines.

Understanding these limitations can help employees approach the process more carefully and avoid early missteps when evaluating their options.

How to File a Wrongful Termination Claim in California (Step-by-Step)

Step 1: Identify the Legal Basis

Determine whether your termination involved discrimination, retaliation, public policy violations, or contract breaches. Many claims overlap.

Step 2: File with the California Civil Rights Department (CRD)

In discrimination, harassment, or retaliation cases, employees generally must file a complaint with the California Civil Rights Department (CRD) before going to court.

You may request:

• An investigation

• Mediation

• An immediate Right-to-Sue notice

Missing this step can permanently bar your claim.

Step 3: Meet Filing Deadlines

• CRD deadline: Generally 3 years from the last unlawful act

• Court deadlines: Vary by claim type (2–4 years for many non-FEHA claims)

Step 4: Litigation or Settlement

After receiving a Right-to-Sue, your case may proceed in court or resolve through settlement, depending on evidence, risk, and strategy.

What You May Recover in a Successful Case

Potential remedies include:

• Back pay and lost benefits

• Front pay or reinstatement

• Emotional distress damages

• Punitive damages (in severe cases)

• Attorney’s fees and costs

• Policy changes or training orders

Constructive Discharge Explained

Constructive discharge occurs when working conditions become so intolerable that a reasonable employee has no choice but to resign. Examples include:

• Severe or ongoing harassment

• Pay cuts or hour reductions

• Ignored accommodation requests

• Persistent retaliation

These cases are fact-intensive and require strong documentation.

Frequently Asked Questions

Do I need to be fired to have a wrongful termination claim?

No. Constructive discharge and severe retaliation may qualify.

Can at-will employees file wrongful termination claims?

Yes. At-will status does not permit illegal termination.

Do I need to complain internally first?

Not always, but internal complaints often strengthen retaliation claims.

How long do wrongful termination cases take?

Timelines vary. Some resolve in months; others take years.

Does contacting a referral service create an attorney-client relationship?

No. That occurs only if you and an attorney agree to proceed.

Disclaimer

This fact sheet is intended to provide general and accurate information about employment-related legal rights in California. However, laws and procedures can change frequently and may be interpreted differently depending on the circumstances. 1000Attorneys.com does not guarantee that the information provided reflects the most current legal developments and is not responsible for how it is used. You should not rely solely on this content to make legal decisions. For guidance specific to your situation, consult a qualified attorney through a referral or contact the appropriate government agency.