What to do if you are going to be wrongfully terminated?

Wrongful termination is one of the most stressful issues an employee can face, and in California it happens more often than many people realize. Losing a job is always difficult, but when the firing is illegal, the law provides powerful protections. If you believe your employer is about to fire you unfairly, knowing your rights under California wrongful termination law is the first step in protecting your career and your financial security. Whether you live in Los Angeles, San Francisco, San Diego, or anywhere else in the state, the rules are the same, and the remedies can be life-changing.

California follows the at-will employment rule, which means most employers can terminate employees at any time, with or without cause. But there are strict exceptions. Employers cannot fire employees for discriminatory reasons under the California Fair Employment and Housing Act (FEHA), Government Code §12940. Terminations based on race, gender, disability, religion, age, or sexual orientation are unlawful. Retaliation is also prohibited. California Labor Code §1102.5 protects whistleblowers who report unsafe working conditions, harassment, or wage theft. If you complained about illegal practices at your job and were fired soon after, that may be wrongful termination. Firings that violate public policy, such as punishing employees for jury duty or taking family leave, are also illegal. If you are facing these issues, consulting with an experienced California employment lawyer can help you understand your legal options.

Employees who believe they may soon be wrongfully terminated should take proactive steps. Documentation is critical. Keep a record of emails, texts, performance reviews, and comments made by supervisors. These documents often become vital evidence. Reviewing your employment contract, offer letter, and company policies may also reveal promises or procedures that your employer must legally follow. If you work in Los Angeles or the Bay Area, where large employers often issue detailed employee handbooks, these documents can help build a strong case with the help of a Los Angeles wrongful termination attorney.

Professionalism during this period is equally important. Some employers may try to provoke emotional outbursts they can later cite as “cause” for firing. Staying calm and focused keeps the record clean. If you are presented with a severance agreement or asked to sign a release of claims, do not sign anything until you consult with a workplace retaliation attorney in California. Many employers in San Diego, Sacramento, and other major cities use severance agreements to limit liability, offering minimal pay in exchange for your legal rights.

Timing is also critical. In most cases, a wrongful termination claim must first be filed with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC) before going to court. These agencies enforce strict filing deadlines, so employees must act quickly. For example, FEHA claims usually require filing with the CRD within three years, while federal claims may have shorter timeframes of 180 to 300 days. Missing these deadlines can permanently bar recovery, no matter how strong the case. An experienced Los Angeles harassment lawyer or California wage and hour attorney can make sure you do not miss these crucial filing dates.

Wrongful termination claims can lead to powerful remedies. Employees may recover back pay, future wages, emotional distress damages, and sometimes punitive damages where employer misconduct is especially severe. In Los Angeles and San Francisco, where the cost of living is high, financial compensation can be significant. Some employees may even be reinstated to their former position, though settlements are more common. With the help of a Los Angeles wrongful termination lawyer or another California-based employment law attorney, employees can maximize recovery while avoiding common mistakes that weaken cases.

If you believe you have been wrongfully terminated or that your employer is preparing to fire you illegally, consulting with a California wrongful termination attorney should be your next step. A skilled lawyer can explain your rights, preserve your claims, and negotiate with your employer from a position of strength. For workers in Los Angeles, San Francisco, San Diego, and across California, the law is designed to protect you from unfair treatment. Taking action early can make all the difference.

Frequently Asked Questions About Wrongful Termination in California

What are the signs of wrongful termination in Los Angeles?
Common signs include sudden negative reviews after filing a complaint, exclusion from meetings after requesting accommodations, or being terminated soon after reporting harassment.

How do I file a wrongful termination claim in California?
You generally must start by filing a complaint with the California Civil Rights Department (CRD) or the EEOC. After that process, you may be given the right to sue in court. A Los Angeles wrongful termination attorney or employment discrimination lawyer can guide you through the process.

What damages can I recover?
Employees may recover back pay, lost future wages, emotional distress damages, and sometimes punitive damages. Settlements are common in San Francisco and Los Angeles cases, where employers often want to avoid public lawsuits.

How long do I have to bring a claim?
FEHA claims must usually be filed with the CRD within three years. Federal EEOC deadlines are shorter. A workplace retaliation attorney in California can ensure you don’t miss these crucial filing dates.

Do I need an attorney near me?
Yes. While wrongful termination laws are statewide, having a Los Angeles wrongful termination lawyer who knows the local courts, judges, and employers can give you an advantage in negotiations and litigation.

Legal Disclaimer

This blog article is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Every immigration case is different and requires a careful review of the facts and applicable law.

If you believe you may qualify for a U visa or if your employer has threatened you based on your immigration status, call Attorney Thomas M. Lee at (213) 251-5533 for a free legal consultation.