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.
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.
Testimonials
Frequently Asked Questions
Wrongful termination occurs when an employer fires an employee for an illegal reason, such as discrimination, retaliation, or violation of public policy, even in an at-will employment state like California.
California law protects employees from being terminated for unlawful reasons under statutes like FEHA, the Labor Code, and common-law public policy protections.
Yes, but at-will employment has important exceptions. Employers cannot terminate employees for discriminatory, retaliatory, or legally protected reasons.
Examples include firing an employee for reporting harassment, taking medical leave, requesting accommodations, whistleblowing, or based on protected characteristics.
Proof may include termination documents, emails, performance reviews, witness statements, and evidence showing a link between the termination and unlawful motive, such as discrimination, retaliation, or violation of public policy.
Important evidence may include employment agreements, HR complaints, disciplinary records, performance evaluations, the timing of the termination, and communications suggesting discriminatory, retaliatory, or otherwise unlawful motives.
Retaliation occurs when an employer takes adverse action, including termination, because an employee exercised legal rights, such as filing a complaint, taking protected leave, requesting accommodations, or reporting labor violations.
Termination based on race, gender, age, disability, sexual orientation, pregnancy, or other protected traits violates California anti-discrimination laws.
Written or implied contracts may limit an employer’s ability to terminate without cause, strengthening a wrongful termination claim.
Employers cannot fire employees for refusing to engage in illegal acts, performing legal duties, or exercising rights protected by public policy.
Depending on the nature of the claim, employees may need to file a complaint with the California Civil Rights Department (CRD) or EEOC before pursuing a lawsuit.
Deadlines vary depending on the legal claim, but many wrongful termination claims must be filed within one to three years. Employees should consult an attorney promptly to avoid missing applicable deadlines.
Document everything, request your personnel file, avoid signing severance agreements prematurely, and consult a wrongful termination lawyer.
Settlement values vary widely based on lost wages, emotional distress, employer conduct, and case strength.
You should speak with an attorney as soon as possible to protect deadlines, preserve evidence, and evaluate your legal options.
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.
get in touch
Avloni Law is a boutique plaintiffs’ litigation law firm taking on the world’s largest corporations and entities and fighting for the rights of victims through employment litigation and more. We have a network of offices, including San Francisco, Los Angeles and San Jose, and our reach throughout California and the Bay Area is not limited to the cities where we maintain offices. If you are seeking a sex harassment, race discrimination, disability discrimination or a whistleblower attorney, reach out to us for a phone consultation.
