After 45 years of trying civil cases in Orange County and throughout California, I have seen workers make the same critical mistake over and over: they assume that because their employer “can fire anyone for any reason,” they have no legal recourse. That assumption is wrong, and it costs people real money.
California’s employment protections are among the strongest in the nation. If you were terminated recently and something felt off about the way it happened, you may have a case worth pursuing.
Was My Termination Illegal?
“At-will” does not mean “any reason.” California, although an “at-will” employment state, carves out important exceptions. Your termination may be wrongful if it was motivated by discrimination based on race, sex, age (40+), disability, national origin, religion, pregnancy, sexual orientation, or gender identity. It may also be unlawful if it was retaliation for reporting unsafe working conditions, filing a workers’ compensation claim, or blowing the whistle on illegal conduct. Terminations that violate public policy, such as firing someone for serving on jury duty or for refusing to commit a crime, are also actionable.
If any of these factors played a role in your firing, you may have a viable claim under California’s Fair Employment and Housing Act (FEHA) or federal anti-discrimination statutes.
What If Unpaid Wages Were Part of the Problem?
Many wrongful termination cases involve a wage dispute. Employers sometimes fire workers who complain about unpaid overtime, missed meal breaks, or misclassification as independent contractors. When that happens, the termination itself can constitute unlawful retaliation under California Labor Code sections 98.6 and 1102.5.
California wage and hour law is strict. Employees are entitled to overtime pay (1.5x their regular rate) for hours worked beyond 8 in a day or 40 in a week, a 30-minute unpaid meal break for any shift over five hours, and two paid 10-minute rest breaks for shifts over six hours. If your employer terminated you shortly after you raised any of these issues, even informally, that timing is legally significant and can support a retaliation claim.
How Much Time Do You Have to File?
Time limits vary by claim type, but most California employees have between one and three years from the date of termination to act. Under SB 807, which took effect January 1, 2022, the deadline to file a complaint with the Civil Rights Department (formerly the DFEH, a prerequisite to filing a FEHA lawsuit) is three years from the date of the discriminatory act.
Waiting too long eliminates otherwise valid claims. The sooner you speak with a trial attorney, the stronger your position will be.
Ready to Find Out If You Have a Case?
I am Steven R. Young, board-certified civil trial advocate with more than 45 years of experience and nearly 200 civil trials in California. If you believe you were wrongfully terminated or denied wages you earned, I want to hear your story.
Call us at (714) 673-6500 or visit juryattorney.com/contact-us/ to schedule a consultation.
