You reported unsafe working conditions. You refused to sign a document you knew was false. You filed a workers’ compensation claim. And then, two weeks later, your employer let you go.
Coincidence? In California, a jury may not think so.
At-Will Employment Has Limits — Big Ones
California is an at-will employment state, which means an employer can generally terminate an employee for any reason or no reason at all. Employers lean hard on this principle when defending wrongful termination claims. But after almost 46 years trying cases in California courts, I can tell you: the at-will doctrine has more exceptions than most workers, and many employers, realize.
California law prohibits termination when the firing violates a fundamental public policy. That includes firing someone for:
- Filing a workers’ compensation claim — one of the most common retaliation patterns I see
- Reporting illegal activity (whistleblower protections under Labor Code § 1102.5)
- Refusing to commit an illegal act at an employer’s direction
- Taking protected leave under CFRA, FMLA, or pregnancy disability leave
- Complaining about discrimination or harassment under FEHA
- Exercising a legal right, such as voting, jury duty, or military service
When an employer fires you for any of these reasons, the termination is wrongful, regardless of what the offer letter or employee handbook says about at-will employment.
Timing Is Evidence
One of the most powerful tools in a wrongful termination case is simple proximity in time. If you filed a harassment complaint on Monday and got your termination notice on Friday, that sequence tells a story. Juries understand stories.
Employers know this, which is why they build paper trails after the fact. Suddenly, performance reviews that were glowing become “concerns that had been building for months.” Documents get backdated. Memory gets convenient.
That’s exactly why it’s critical to preserve your own evidence the moment you sense retaliation is coming. Save emails. Document conversations with dates and specifics. Keep copies of performance reviews. If you have a union grievance, a prior complaint to HR, or any written exchange that contradicts the employer’s narrative, that evidence may be the difference between a strong case and a difficult one.
What Damages Are Available?
A successful wrongful termination plaintiff in California may recover lost wages and benefits, future earnings (front pay), emotional distress damages, and in egregious cases, punitive damages. Attorney’s fees may also be available under certain statutes.
These cases are not slam dunks. You must hire experienced trial counsel who knows how to take a retaliation case in front of a jury and expose the employer’s pretextual justification for what it actually is.
You May Have Less Time Than You Think
Depending on the legal theory, the window to file a wrongful termination claim in California can be as short as one year. Do not wait.
If you believe you were fired for an unlawful reason, call my office at (714) 673-6500 or visit juryattorney.com/contact-us/ to schedule a consultation. I have tried more than 200 jury trials across California and federal courts — and I know how to hold employers accountable.
