Employment Law
Wrongful Termination
We Protect Employees Who Have Been Unlawfully Fired
Cohen Law Group represents employees across California who have been terminated for unlawful reasons. While California is an at-will employment state, employers may not fire employees for illegal motives such as discrimination, retaliation, or violations of public policy.
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What Is Wrongful Termination in California?
Wrongful termination occurs when an employer fires an employee in violation of:
- California employment laws (such as FEHA)
- Federal anti-discrimination laws
- Employment contracts or implied agreements
- Public policy protections
Even in at-will employment, termination cannot be based on unlawful motives or conducted in a way that violates employee rights.
California Wrongful Termination Attorneys
If you were terminated for an illegal reason, you may have a wrongful termination claim under California law. Employers cannot fire employees for reasons that violate state or federal protections, including discrimination, retaliation, or refusing to participate in unlawful conduct.
While California is an “at-will” employment state, that does not give employers unlimited discretion to terminate employees. Terminations based on protected characteristics, complaints about workplace violations, whistleblowing, or exercising legal rights are unlawful.
Wrongful termination is one of the most serious forms of employer misconduct because it directly impacts your livelihood, reputation, and future opportunities. These cases often involve employers attempting to conceal the true reason for termination through pretext or shifting justifications.
Our California wrongful termination lawyers represent employees throughout the state who have been unlawfully fired. We take a litigation-first approach to hold employers accountable, recover maximum compensation, and protect your rights.
Unlawful Grounds for Termination
A termination may be considered wrongful when motivated by any of the following illegal factors:
Discrimination Based on a Protected Characteristic
Employers cannot terminate employees based on protected characteristics under California law, including:
- Race or ethnicity
- Gender or gender identity
- Age (40 and over)
- Disability or medical condition
- Religion or creed
- Sexual orientation
- Pregnancy or marital status
If your termination followed discriminatory comments, unequal treatment, or a pattern of bias, it may support a legal claim.
Retaliation for Engaging in Protected Activity
It is illegal for employers to fire employees for asserting their rights. Protected activities include:
- Reporting workplace harassment or discrimination
- Filing a complaint with HR or a government agency
- Taking protected leave (e.g., medical or family leave)
- Participating in an investigation or lawsuit
- Whistleblowing or reporting illegal conduct
A sudden termination after engaging in these activities is a common indicator of retaliation.
Breach of Contract or Implied Agreement
Wrongful termination can occur when an employer violates:
- A written employment contract
- An implied promise of continued employment
- Company policies that limit termination to “for cause”
- Offer letters or compensation agreements outlining job security
- Progressive discipline policies that were not followed
Even without a formal contract, consistent employer representations may create enforceable expectations.
Refusal to Engage in Illegal Conduct
Employees cannot be lawfully terminated for refusing to:
- Commit fraud or unlawful acts
- Violate safety regulations
- Participate in harassment or discrimination
- Falsify records or company reporting
- Engage in unethical or illegal business practices
- Ignore legal compliance requirements or regulatory obligations
- Participate in retaliation against other employees
California law strongly protects employees who refuse to break the law or who report violations.
How Courts Evaluate Wrongful Termination Claims
Courts and agencies analyze multiple factors when determining whether a termination was unlawful, including:
- Timing – Did the termination closely follow protected activity?
- Employer consistency – Were company policies applied uniformly?
- Comparator evidence – Were similarly situated employees treated differently?
- Documentation – Emails, performance reviews, and internal communications
- Pretext – Whether the employer’s stated reason is false or inconsistent
Strong documentation and early legal analysis are critical to building a successful claim.
Damages and Remedies for Wrongful Termination
Employees who prevail in a wrongful termination case in California may be entitled to substantial compensation, including:
Economic Damages
- Back pay (lost wages from termination to resolution)
- Front pay (future lost earnings)
- Lost bonuses, commissions, and benefits
Non-Economic Damages
- Emotional distress and mental suffering
- Reputational harm
Punitive Damages
In cases involving fraud, oppression, or malice, courts may award punitive damages to punish the employer and deter future misconduct.
Equitable Remedies
- Reinstatement to your former position
- Policy changes within the company
Time Limits to File a Wrongful Termination Claim
Strict deadlines apply to wrongful termination claims in California. Depending on the type of claim:
- You may need to file with a government agency before going to court
- Statutes of limitation can be as short as one year in certain cases
Delaying action can permanently bar your claim. Prompt legal evaluation is essential.
Speak With a California Wrongful Termination Attorney
If you were fired unfairly, wrongfully terminated, or retaliated against at work, you should speak with an experienced California employment lawyer as soon as possible. Early intervention can preserve evidence, protect your rights, and improve your chances of recovery.