California Wrongful Termination Law: Stronger Than Federal Law
California gives fired workers some of the strongest protections in the country, and in most respects those protections go further than federal law. This is where an experienced Los Angeles employment lawyer earns their keep: knowing which statute fits your facts.
At-Will Employment and Its Exceptions
California Labor Code section 2922 presumes employment is "at will," meaning either side can end it at any time. But that presumption has powerful exceptions. An employer may not fire you:
- For a discriminatory reason prohibited by the Fair Employment and Housing Act (FEHA), which applies to employers with 5 or more employees, covers more protected categories than federal Title VII, and has no caps on compensatory damages.
- In retaliation for protected activity, such as reporting discrimination or harassment, complaining about unpaid wages (Labor Code section 98.6), or filing a workers' compensation claim (Labor Code section 132a).
- For whistleblowing under Labor Code section 1102.5, which protects employees who report suspected legal violations to a supervisor, internal channels, or a government agency, or who refuse to participate in illegal activity.
- In violation of public policy, a claim California courts recognize when a firing undermines a fundamental policy set out in a statute or the constitution: for example, firing someone for serving on a jury, taking protected leave, or refusing to break the law.
- In breach of contract, whether a written agreement or, in some circumstances, an implied-in-fact contract established by long service, consistent promotions, and employer assurances.
Deadlines: Act Quickly
Deadlines (statutes of limitations) are strict, and they vary by claim:
- A claim for wrongful termination in violation of public policy generally must be filed in court within 2 years of the termination.
- A claim under FEHA generally requires filing a complaint with the California Civil Rights Department (CRD, formerly the DFEH) within 3 years of the unlawful act, then obtaining a right-to-sue notice before going to court.
- Other claims, such as whistleblower retaliation, contract claims, and WARN Act claims, carry their own timelines.
These are general rules, and exceptions can shorten or extend them. The only safe move is to talk to a lawyer promptly. Evidence disappears, witnesses move on, and memories fade, so an early start protects your case.
Where Los Angeles Cases Are Fought
Depending on the claim, Los Angeles wrongful termination cases proceed through the CRD, the California Labor Commissioner, the Los Angeles Superior Court, or the federal Central District of California. Labor Law PC handles matters in all of these forums and tailors the strategy to where your claim is strongest.