California Wrongful Termination Laws 2025 – Know Your Rights

California wrongful termination laws are in place to ensure that a person is not fired from their employment for an illegal reason. As a state with strong labor protection laws, those employed in California should be aware of what constitutes wrongful termination and what they can do if their employer has illegally fired them.

What Is Wrongful Termination in California?

Under California law, most employment relations are based on an at-will agreement. This means that at any moment, a person may be terminated from their job. It also means that an employee can choose to end their employment with a business whenever they want.

Though at-will employment laws protect employers from facing consequences if they terminate an employee, there are some exceptions. There are several unlawful reasons for employment termination that could land an employer in serious legal and financial trouble.

Discrimination in the Workplace

One of the most obvious unlawful reasons for termination is discrimination. Workers may not face discrimination based on their protected status, including their race and color, sex (including gender or pregnancy), sexual orientation or gender identity, religious background, or national origin. If a person has been let go due to their protected class status, it constitutes wrongful termination.

Retaliation Against an Employee

A person may also file a wrongful termination claim if their job has been terminated due to retaliation. Retaliation can occur when an employer takes negative actions against an employee who has filed a complaint with California’s Civil Rights Department or with the Department of Industrial Relations.

Wrongful termination also applies to witnesses who have come forward in support of a workplace complaint. The law protects both complainants and witnesses against employer retribution.

Whistleblower Termination

A person who acts as a whistleblower is also protected under California law. If an employee believes their company is involved in illegal actions or not following rules that could harm others, they are encouraged to report it to someone in charge. It is illegal for employers to fire an employee who has spoken up as a whistleblower. If you find yourself in this situation, a whistleblower lawyer can help protect your rights and make sure you’re not punished for reporting.

Breach of Contract

In certain situations, both parties in an employment relationship may have entered into a written or implied contract pertaining to the terms of employment. If these terms have been violated, the employee may sue for wrongful termination.

Other Violations

An employee may not be terminated in other circumstances, including when requesting benefits that they are entitled to or for refusing to participate in illegal activities as requested by their employer. Wrongful termination laws in California are quite extensive. If you believe you have been wrongfully terminated, it is recommended that you speak with an employment attorney who can advise you on whether there are sufficient grounds to file a claim.

Steps to Take When Facing Wrongful Termination

Losing a job can be a difficult situation to find yourself in. Luckily, you have several avenues you can pursue in this case, including filing a complaint with the relevant agency or pursuing a case with the courts. Here are some steps you can take when facing wrongful termination:

• Assess Your Case’s Merits: You should first understand whether your situation is an example of wrongful termination. You can reach out to your human resources department or contact any relevant state agency. It is highly advised that you speak with a knowledgeable employment attorney who can help shed light on the merits of your case.
• Determine Which Agency to Contact: If you have determined that you were wrongfully terminated, you next need to determine which agency you should file your complaint with. It is wise to reach out to an experienced employment law firm to help you determine the correct way to file for the circumstances in your situation.
• Gather the Evidence: Your complaint should be accompanied by supporting evidence. This evidence could include communications with your employer or witnesses who can attest to discrimination or other violations at the workplace.
• Await the Results: The relevant agency will review your complaint and may reach out to you and your employer to participate in a settlement agreement if appropriate. They may continue their investigation if an agreement is not reached and issue a decision in your case.

In some cases, a complainant may receive monetary compensation following a wrongful termination case. They may also be reinstituted into their previous employment position.

FAQs

What Meets Wrongful Termination Qualifications in California?

In California, wrongful termination is considered the firing of an employee for an illegal reason. These reasons include discrimination based on status as a member of a protected class, retaliation for filing a claim against an employer, or acting as a witness in a complaint. It is also unlawful to fire a whistleblower or to terminate someone’s employment for requesting to use their benefits or for refusing to participate in illegal practices.

Is There a Burden of Proof for Wrongful Termination in CA?

Yes, there is a burden of proof for wrongful termination in CA. Since California is an at-will employment state, it typically falls on the complainant (the employee). It is important to gather adequate evidence that demonstrates your employer engaged in unlawful behavior. This could include communications between you and your employer or others in the company, records of complaints filed with your human resources department, or witness statements.

What Are My Rights as a Terminated Employee in California?

If you think you have been wrongfully terminated, you can pursue a claim with one of several agencies in California or at the federal level to recuperate lost wages or to regain your employment. Discrimination and retaliation claims can be handled by the California Civil Rights Department.

Can You Sue for Wrongful Termination in California?

You may be able to sue for wrongful termination in California. California courts encourage individuals to pursue assistance from agencies like the Civil Rights Department, which is equipped to handle cases related to labor relations. In some cases, you may file a lawsuit directly with a California court. An attorney can provide more information on whether this option is available to you.

Contact Our Lawyers to Get Help with Wrongful Termination

Despite being an at-will employment state, California does provide protections against wrongful termination. Under California wrongful termination laws, it is illegal to fire an employee based on their protected class status or as a retaliatory act. Employees may also not be terminated for requesting to utilize the employment benefits they are entitled to.

A person who suspects they have been unlawfully let go from their job may file a complaint with the relevant agency. A California employment attorney can assist you in filing your claim to ensure the most optimal resolution to your case. The seasoned team at MM Law provides comprehensive employment litigation representation to clients in California. Contact our office today to discuss your wrongful termination case.