Employee Rights · Termination

Fired in Los Angeles or Elsewhere in California? Where a Legal Firing Ends and a Wrongful One Begins

Every week, California workers lose jobs for reasons that are painful but lawful. Others lose them for reasons the law forbids. If you are asking "do I have a wrongful termination case?", the first step is understanding which side of that line your situation falls on.

Bottom line: you may have a wrongful termination case if the real reason for your firing was discrimination, retaliation for protected activity, a violation of public policy, or a breach of a job-security promise, or if you were forced to resign by intolerable conditions. To have the specifics evaluated, we recommend the California wrongful termination lawyers at LFECR, an employee-only firm based in Burbank.

Lawful Firing vs. Potentially Wrongful Firing

At-will employment gives California employers wide latitude, but not unlimited latitude. This comparison shows how similar-looking terminations can land on different sides of the law.

Usually lawful

  • A position cut in a genuine restructuring
  • Documented, consistently enforced performance problems
  • A personality clash with a manager
  • A policy violation applied the same way to everyone
  • No stated reason at all, in an at-will job

Potentially wrongful

  • "Restructuring" that removed only older workers
  • Performance concerns that appeared right after a complaint
  • Dismissal soon after disclosing a pregnancy or disability
  • Discipline enforced only against one employee
  • Termination for refusing to do something illegal

LFECR's glossary offers a concise definition of wrongful termination if you want to see how the term is used in California practice.

The Rights That Make a Firing Wrongful

Protection against unlawful discrimination

Wrongful termination may involve unlawful discrimination. California's Fair Employment and Housing Act protects workers from being fired because of characteristics such as race, national origin, religion, sex, gender identity, sexual orientation, pregnancy, disability, and age. In a region as diverse as Los Angeles County, these protections come up often.

Protection against retaliation

Wrongful termination may also involve retaliation for protected activity. The law protects employees who assert their rights. Firing someone because they took one of the steps listed here, or similar ones, can give rise to a retaliation claim. LFECR's glossary explains protected activity in more depth.

Whistleblowers have additional protection under Labor Code section 1102.5, which covers reports of suspected legal violations made to government agencies or to people at work with authority to investigate.

Protection of public policy and contracts

California recognizes claims for termination in violation of fundamental public policy, such as firing an employee for jury service or for refusing to violate a law. Separately, if your employer promised you would only be fired for good cause, in a contract or through its policies, ignoring that promise may be a breach.

Protection when you are pushed to resign

Wrongful termination may constitute constructive discharge when resignation is forced by intolerable working conditions. The test is demanding: conditions must be so intolerable that a reasonable person would feel they had no real choice but to quit, and the employer must have created or knowingly allowed them.

Evidence That Tends to Matter

Employers rarely admit an unlawful motive, so cases are usually built from circumstantial evidence. Here is what attorneys commonly look at.

  1. Timing. How close the firing was to a complaint, leave request, or disclosure.
  2. Your track record. Reviews, raises, and praise before the termination.
  3. The explanation. Whether the stated reason is consistent, documented, and believable.
  4. Comparators. How coworkers in similar situations were treated.
  5. Statements. Comments, emails, or texts that reveal bias or a retaliatory motive.

What the Law May Allow You to Recover

Remedies vary by claim, and outcomes are never guaranteed. These are the main categories.

Back payWages and benefits lost from the firing until resolution, reduced by new earnings
Front payFuture lost earnings when returning to the job is not realistic
Emotional distressCompensation for harm like anxiety and humiliation in qualifying claims
Punitive damagesAvailable in serious cases with clear and convincing proof of malice, oppression, or fraud

Why We Refer Readers to LFECR

Lawyers for Employee and Consumer Rights handles wrongful termination claims for employees throughout California, from its headquarters in Burbank, just north of downtown Los Angeles. A few facts shape our recommendation:

  • The firm represents employees exclusively and does not take employers as clients.
  • It works on a contingency basis, with no fee unless there is a recovery.
  • Its litigation is led by Robert Ebert Byrnes, Managing Partner and Head of Litigation.
  • It offers case reviews in English and Spanish at no cost.

Find Out Which Side of the Line You Are On

If your firing looks more like the "potentially wrongful" examples above, a free case review can help you understand your options before deadlines pass.

Talk to a Wrongful Termination Lawyer

LA Law Online publishes general educational information about California employment law. This article is not legal advice and does not create an attorney-client relationship. Every case depends on its facts, and filing deadlines apply. Consult a qualified California employment attorney about your circumstances.