Masjedian Law Firm · Employment
Wrongful Termination
“At-will” does not mean “for any reason.” California forbids firing employees for illegal reasons — and the consequences for employers are substantial.
“At-will” does not mean “for any reason.” California forbids firing employees for illegal reasons — and the consequences for employers are substantial.
Most California employment is at-will, and employers lean on that phrase to make any firing sound lawful. It isn’t. Termination is illegal when the real reason — or a substantial motivating reason — violates public policy or an employee-protection statute. The gap between the paper reason and the real reason is where these cases are won.
What makes a firing wrongful in California. Termination because of race, sex, age (40+), disability, religion, sexual orientation, gender identity, national origin, or other protected characteristics (FEHA); retaliation for reporting harassment, discrimination, unsafe conditions, or illegal activity (including Labor Code § 1102.5 whistleblower protection); firing for taking protected medical or family leave (CFRA/FMLA), for a workplace injury or workers’ comp claim, for pregnancy, or for refusing to break the law.
What a termination case can recover. Back pay and lost benefits, front pay for the period reasonably needed to find comparable work, emotional distress damages, punitive damages where the employer’s conduct was malicious or reckless, and, under fee-shifting statutes like FEHA, the employer paying your attorney’s fees.
What to do now. Preserve everything: offer letters, reviews, the termination communication, texts and emails, and the names of decision-makers. Write down the timeline while it’s fresh — especially what protected activity preceded the firing and how close in time. Do not sign a severance agreement before it is reviewed; severance releases are drafted to extinguish exactly these claims.
Deadlines. FEHA claims generally require a civil rights department filing within three years; other theories carry their own limits. Early advice protects every option.
Yes. At-will employment means you can be fired without cause — but never for an unlawful cause. If a substantial motivating reason for the firing was discrimination, retaliation, protected leave, or refusing illegal activity, the termination is actionable despite at-will status.
Timing (protected activity followed closely by firing), shifting or false explanations, deviations from company policy, comparator employees treated differently, and documents or testimony revealing the real reason. Cases are regularly proven with circumstantial evidence.
Not before review. Severance offers demand a release of all claims — often precisely because the employer sees the risk. The offer may be a fraction of the claim’s value, and signing typically ends the matter permanently.
For FEHA discrimination and retaliation claims, generally three years to file with California’s Civil Rights Department, then a lawsuit after a right-to-sue notice. Other theories have different deadlines — consult promptly so nothing lapses.
Employment matters are typically handled on contingency — no fee unless there is a recovery — and statutes like FEHA can require the employer to pay attorney’s fees on top of your damages.
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