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At Daily Aljian, we specialize in holding employers accountable for unlawful discharge. We understand that losing a job is one of the most stressful events a person can experience. Our California wrongful termination attorneys bring a dual-perspective advantage to every case: we know exactly how companies attempt to mask illegal terminations as “layoffs” or “performance-based” decisions because we understand the defense-side playbook. We use that insight to dismantle their narrative and pursue the maximum compensation you deserve.
What Is Wrongful Termination in California?
Most workers in California are employed “at-will,” meaning either the employee or the employer can end the relationship with or without cause. However, this “at-will” status is not a license for employers to break the law. A termination is considered “wrongful” if it violates specific state or federal statutes, or if it contravenes a “fundamental public policy” of the State of California.
Wrongful termination occurs when an employer fires an employee:
- Based on Discrimination: Because of a protected characteristic like race, gender, age, or disability.
- In Retaliation: Because the employee “blew the whistle” on illegal activity or asserted their rights under the Labor Code.
- In Violation of Contract: Breaking the terms of an express or implied employment agreement.
- For Exercising a Legal Right: Such as taking protected family or medical leave (CFRA/FMLA) or serving on a jury.
When is My Claim of Unlawful Discharge Valid?
Proving wrongful termination requires showing that an illegal motive was a “substantial motivating factor” in the decision to fire you. Our firm handles a wide spectrum of discharge claims, including:
Discrimination-Based Termination (FEHA)
Under the Fair Employment and Housing Act (FEHA), it is illegal to terminate an employee based on protected characteristics. We represent clients who have been fired due to:
- Race, Color, or National Origin
- Sex, Gender Identity, or Sexual Orientation
- Age (40 and over)
- Physical or Mental Disability
- Pregnancy or Childbirth
- Religion or Medical Condition
Retaliation and Whistleblowing (Labor Code § 1102.5)
California has some of the strongest whistleblower protections in the country. If you were fired because you reported suspected illegal activity, either internally to a supervisor or externally to a government agency, you are protected under Labor Code Section 1102.5. This also applies if you were fired for refusing to participate in an activity that would result in a violation of the law.
Termination for Asserting Wage and Hour Rights
Following the logic of our Wage & Hour practice, many employees are fired shortly after they complain about unpaid overtime, missed meal breaks, or “off-the-clock” work. If your termination followed a complaint about wage theft, it is considered illegal retaliation.
Violation of Public Policy (Tameny Claims)
A “Tameny” claim arises when an employer fires someone for a reason that violates a policy established by a statute or constitutional provision. This includes being fired for:
- Refusing to commit perjury for the employer.
- Reporting a health and safety violation (OSHA).
- Exercising a constitutional right, such as political affiliation or free speech (within specific legal limits).
Constructive Discharge
Sometimes, an employer doesn’t technically “fire” you. Instead, they make working conditions so intolerable, through harassment, demotions, or pay cuts, that any reasonable person would feel forced to resign. Under California law, this is treated the same as a formal termination and is known as “constructive discharge.”
The “Pretext” Analysis: How We Work to Prove Your Case
Employers rarely admit they are firing someone for an illegal reason. Instead, they provide a “pretext”: a fake reason intended to cover up the real motive. They might claim there was a “reduction in force” (RIF) or cite a sudden, undocumented “performance issue.”
At Daily Aljian, we are experts at peeling back these layers. We use our litigation experience to look for:
- Temporal Proximity: Was the firing suspiciously close to a protected act (like reporting harassment or announcing a pregnancy)?
- Inconsistent Reasons: Did the employer change their story about why you were let go?
- Comparative Evidence: Were other employees who did the same thing treated more leniently?
- Deviation from Policy: Did the company ignore its own employee handbook or disciplinary procedures to fire you?
Laws Protecting You Against Wrongful Termination
California employees are shielded by a robust framework of legislation that goes far beyond federal protections:
- Fair Employment and Housing Act (FEHA): The primary weapon against workplace discrimination and harassment.
- California Family Rights Act (CFRA): Protects your job when you need to take leave for a serious health condition or to care for a new child.
- Labor Code § 1102.5: The general whistleblower protection statute.
- The Sarbanes-Oxley Act (SOX): Federal protection for whistleblowers in publicly traded companies.
- Title VII of the Civil Rights Act: Federal protection against discrimination.
How to Start a Wrongful Termination Claim
If you suspect you were fired illegally, the actions you take in the days following your termination are critical.
1. Do Not Sign Anything Immediately
Employers often offer a “severance package” in exchange for a release of all claims. Do not sign this without having an attorney review it. You may be signing away a claim worth significantly more than the severance offered.
2. Secure Your Documentation
While you should not take proprietary company data, you are entitled to your personnel file and your payroll records under California law. Keep copies of performance reviews, emails that show a positive track record, and any communications related to your termination.
3. Maintain a Timeline
Write down the events leading up to your firing while they are fresh. Include names of witnesses, dates of meetings, and specific comments made by management.
4. Consult with Daily Aljian
Our attorneys will evaluate the facts of your case to determine if a “prima facie” case for wrongful termination exists. We offer free, confidential consultations to help you understand your options.
Why Choose Daily Aljian for Your Termination Case?
When you lose your job, you are going up against a company that has the resources to hire large defense firms. You need a team that knows how those firms think.
- We Understand the Defense Perspective: Our experience across all facets of employment litigation allows us to anticipate how the company will try to justify the firing. We build our cases to block their “legitimate business reason” defense from the start.
- We Pursue Full Damages: Beyond lost wages, we pursue emotional distress damages and, in cases of “malice, oppression, or fraud,” punitive damages to punish the employer for their conduct.
- No Upfront Costs: We work on a contingency fee basis. Our interests are perfectly aligned with yours, we don’t get paid unless we recover money for you.
- Trial-Ready Advocacy: We prepare every case as if it is going to a jury. When employers know a law firm is willing to go to trial, they are much more likely to offer a fair settlement.
What Can You Recover in a Wrongful Termination Lawsuit?
The goal of a wrongful termination claim is to make the employee “whole” and to deter the employer from repeating the behavior. Potential damages include:
- Back Pay: Wages and benefits you lost from the date of termination to the date of trial.
- Front Pay: Wages you will lose in the future if you cannot find a comparable job.
- Emotional Distress: Compensation for the anxiety, depression, and mental suffering caused by the illegal firing.
- Punitive Damages: Large awards designed specifically to punish the employer for egregious misconduct.
- Attorney’s Fees and Costs: In many discrimination and whistleblower cases, the employer must pay your legal fees if you win.
FAQs About Wrongful Termination
How long do I have to file a claim?
In California, the statute of limitations varies. For FEHA discrimination claims, you generally must file a complaint with the Civil Rights Department (CRD) within three years. For “Tameny” public policy claims, the limit is usually two years. Because these deadlines are strict, you should consult an attorney immediately.
Can I be fired for “no reason”?
Yes, if you are truly “at-will.” However, if the employer gives “no reason” but the circumstances suggest an illegal motive (like firing the only person over 60 during a “restructuring”), it may still be wrongful termination.
What if I was an independent contractor?
Generally, wrongful termination laws apply to employees. However, many workers are misclassified as contractors. If we can prove you were legally an employee under the “ABC Test,” you may still pursue a wrongful termination claim.
What is the “Interactive Process”?
If you have a disability, your employer must engage in a timely, good-faith “interactive process” to find a reasonable accommodation. If they fire you instead of having this conversation, you likely have a claim for wrongful termination and failure to accommodate.
Do I need to find a new job while my case is pending?
Yes. Under California law, you have a “duty to mitigate” your damages. This means you must make reasonable efforts to find a comparable job. If you do not, the employer may argue that your back pay award should be reduced.
Contact Daily Aljian Today
Losing your job is a crisis, but you don’t have to face it alone. At Daily Aljian, we are committed to restoring your dignity and securing your financial future. Whether you were fired for standing up for your rights or because of who you are, we are ready to fight back.
Call us at 949-861-2524 or fill out our online contact form to schedule a free, confidential consultation. There is no fee unless we win your case. Protect your career: reach out to Daily Aljian today.