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California Wrongful Termination Lawyer

California Wrongful Termination Lawyer

what is wrongful Termination?

Wrongful termination occurs when an employer fires an employee for a reason that violates the law, an employment contract, or established public policy. While California is an at-will employment state—meaning employers can generally terminate employees at any time—there are clear limits. An employer cannot fire you for an illegal reason.

When Termination Becomes Unlawful

A termination may be considered wrongful if it is based on:

Discrimination (such as race, gender, disability, age, or other protected characteristics)
Retaliation for reporting misconduct, harassment, or illegal activity
Taking protected leave, including medical leave, family leave, or other legally protected absences
Whistleblowing, such as reporting violations of law or unsafe practices
Exercising legal rights, like requesting accommodations or filing a complaint

Breach of Contract or Policy

Wrongful termination can also occur when an employer violates:

A written or implied employment contract
Company policies that promise certain procedures before termination
Agreements regarding job security or disciplinary steps

Constructive Termination

In some cases, you may not be formally fired but are forced to resign due to intolerable working conditions. This is known as constructive termination, and it can still qualify as wrongful termination under the law.

Navruz Avloni is an experienced employment attorney dedicated to fighting against wrongful termination in the workplace. If you have experienced wrongful termination or are looking for a wrongful termination lawyer, reach out to Navruz Avloni for a free consultation.

Close-up of a hand placing a termination letter into an envelope, representing wrongful termination in the workplace.

examples of wrongful termination in the workplace

Wrongful termination can occur in many ways, often when an employer’s decision to fire an employee is tied to an illegal reason rather than legitimate business grounds. These situations are not always obvious and may involve patterns of behavior or sudden changes in treatment.

Common examples include:

Being fired because of a protected characteristic, such as race, gender, disability, or age
Termination shortly after reporting harassment, discrimination, or illegal conduct
Losing your job after requesting medical leave, family leave, or workplace accommodations
Being dismissed for refusing to participate in unlawful or unethical activities
Termination after filing a workplace complaint or participating in an investigation

Discrimination-Based Termination

Employment law makes termination for discriminatory reasons illegal. If your employer has terminated you because of your membership in a protected class, you have been wrongfully terminated. It is considered to be a wrongful termination if your membership in a protected class played a role in your termination, even if it was not the sole factor.
Protected classes in California include (but are not limited to): race, color, religion, sex/gender, gender identity, gender expression, sexual orientation, marital status, medical condition, military or veteran status, national origin, ancestry, disability, genetic information, medical condition, request for family care leave, request for leave for employee’s own serious health condition, request for pregnancy disability leave, and age (over 40)

Learn more about discrimination based on race, sex and gender, disability.

Retaliation-Based Termination

State and federal law prohibits your employer from terminating you as a form of retaliation. The law protects employees who report unlawful practices at work, including discrimination, harassment, wage practices, and more. If you make a complaint of discrimination, harassment, or other illegal conduct to your employer, resist discrimination, harassment, or other illegal conduct in the workplace, or participate as a witness in a complaint made by a co-worker, your employer may not fire you as a result. If your employer has fired you because you reported or resisted any form of unlawful activity at work, your employer has retaliated against you and committed wrongful termination.

Retaliation against employees who blow the whistle to the government and public on illegal business practices is illegal and considered wrongful termination.

Learn more about whistleblower retaliation here.

Termination for Protected Leave or Rights

The law entitles employees to take job-protected leave for numerous reasons, including but not limited to disability or medical leave. If your employer fires you for taking leave, or if your employer fails to provide job protection while you are on job-protected leave, your employer has wrongfully terminated you.

Learn more about legally protected absences here.

Constructive Discharge

Constructive discharge occurs when an employee leaves their job because their employer has made it impossible for them to perform their work duties, and they have no option left but to quit. Constructive discharge may occur if, for example, you use a wheelchair and you cannot reach your workplace in your wheelchair. Constructive discharge may occur if harassment has created a hostile environment so that an employee can no longer perform their job duties.

What to Do After A Wrongful Termination

If you believe you have a wrongful termination claim against former employer or are afraid that you may be facing wrongful termination, you may be able to bring a wrongful termination lawsuit and may be entitled to damages in the form of back pay, emotional distress damages, punitive damages, and attorney’s fees. Take the following steps to support your case:

Save Evidence:

Record all relevant events or interactions in writing. Save related notes, performance reviews, documents, and the employee handbook. You may request your personnel file to review any documents you have signed and to ensure that your file is complete. Do not sign any separation agreement that waives your right to bring claims against your employer.

Find a Wrongful Termination Attorney:

Reach out to a lawyer. Avloni Law is a law firm dedicated to fighting against wrongful termination. Navruz Avloni is an experienced discrimination attorney and has successfully represented numerous clients in wrongful termination cases.

Upset woman carrying office supplies in a box after being terminated from her job, representing wrongful termination.

Testimonials

Lael Abaya

Do not let Navruz's gentle demeanor fool you – she is an absolute bulldog litigator who will stop at nothing to make sure her client's interests are zealously represented. I routinely turn to Navruz for any discrimination-related issues in my work comp cases, and her command of this area of law is top notch. I have no reservations recommending Navruz as an attorney.

Ryan Shannon

My experience with Avloni Law was the best I could have asked for. Rather than speaking with a case manager, I spoke directly with attorney, Navruz, who was incredibly efficient, diligent and informative, all while maintaining empathy and kindness. After our intake phone conversation, she did not delay in sending me a checklist of documentation to assemble, and was available to answer my questions. She speedily informed me she couldn't take on the case since it involves Tribal Law, however, she didn't leave me hanging. Instead, she sent me a list of attorneys who could assist. To reiterate, while my interactions with Navruz were brief, it's obvious she's thorough and knowledgeable. I was incredibly impressed with her qualifications (including her studies in rhetoric, which I'd imagine would help persuade and build a case) and several honors and awards. I spoke to many law firms and Avloni stood out most due to Navruz's expertise and client follow-up. Don't hesitate in contacting Avloni Law.

Tessa K

Navruz was a godsend when my tech startup employer discriminated & retaliated against me. She explained the process so smoothly and was very responsive. I don't have a ton of experience working with attorneys, but she's the absolute best I've ever worked with and can't imagine meeting anyone better. Each time I would present a new situation or ask a question she was prompt to reply and offer a phone conversation to ensure I understood and could make the best decisions for my case. Although the experience with my employer was brutal, I'd love nothing more than to be able to work with her again. True blessing of a human-being. HIGHLY RECOMMEND.

Tiffany M

Working with Nav has been inspiring to say the least. As a fellow member of the San Anselmo Racial Equity Committee, she brings her knowledge as a highly skilled civil rights attorney, along with her strong commitment to addressing equity issues in our town. She is hard working, patient, understanding and always willing to listen, grow and learn. Her contributions to this committee and community have been invaluable.

Kyle Morishita

Navruz is an intelligent, dedicated, and talented attorney.

Maria Gushchina

I need an advise regarding my unemployment case. Avloni Law helped me with understanding the basics and professionally corrected the wording in my appeal statement. Everything went smooth! Highly recommend!

Alexei Kuchinsky

I have had a pleasure of knowing Navruz for quite a while. I definitely recommend her as a hardworking and highly skilled attorney in the area of employment law, especially wrongful termination and harassment. She is passionate about her cases and she cares about her clients.

Ryan Cadry

I have had the pleasure of knowing Navruz for over seven years. She is extremely diligent, smart, and knowledgeable in labor and employment law. Any client represented by Navruz is, without question, very well-represented! I endorse her without qualification!

Maria Crabtree

Navruz is a strong and knowledgeable attorney whose passion for her work is evidenced by effective results.

Valerie

Navruz Avloni has been my employment law attorney years. Her attention to detail, research and resources, and sincerity in her work are unparalleled. She has given me exceptional employment law advice on multiple occasions. I would not hesitate to recommend her to anyone looking for an excellent employment law attorney.

Contact a wrongful termination attorney Today For A Free Consultation

Avloni Law is a law firm dedicated to fighting for your right to a workplace free of unlawful discrimination and harassment. Navruz Avloni is an experienced hostile work environment attorney and has successfully represented numerous clients. Click here schedule a free consultation with Navruz Avloni.

Frequently Asked Questions

Can I sue for wrongful termination in California?

Yes, if your termination violated the law, a contract, or public policy. Not all terminations are illegal, but if your firing was based on discrimination, retaliation, or another protected reason, you may have a claim.

What is considered wrongful termination in an at-will state?

Even in an at-will employment state like California, employers cannot terminate employees for illegal reasons such as discrimination, retaliation, or exercising protected rights.

Do I need proof to file a wrongful termination claim?

You do not need complete proof to begin. A lawyer can help assess your situation and gather evidence to support your case.

Can I be fired without a reason?

Employers are not always required to give a reason for termination. However, they still cannot fire you for an unlawful reason, even if no explanation is provided.

What if my employer gave a false reason for firing me?

If the stated reason is not true and is being used to cover up an illegal motive, it may support a wrongful termination claim. This is often referred to as “pretext.”

Can I be fired for reporting my employer?

No. It is illegal for an employer to terminate you for reporting discrimination, harassment, safety violations, or other unlawful conduct.

How long do I have to file a wrongful termination claim in California?

There are specific deadlines that apply, and they can vary depending on the type of claim. Acting promptly helps protect your rights.

What compensation can I recover for wrongful termination?

You may be entitled to compensation for lost wages, future earnings, emotional distress, and, in some cases, additional damages depending on the circumstances.