Have you recently lost your job and can’t shake the feeling that something just wasn’t right?
In California, employers can fire employees “at will,” but that doesn’t give them a free pass to break the law. If your termination violated state or federal labor laws, you could be entitled to compensation—and justice.
Key Points :
- California is an “at-will” state, but not all firings are legal
- Discrimination, retaliation, and leave-related firings may qualify
- Learn when to call a wrongful termination attorney
Here are seven red flags that may mean your firing was illegal.
1. You Were Fired After Reporting Misconduct
If you took a stand against illegal or unethical behavior in your workplace—such as reporting sexual harassment, wage theft, or hazardous working conditions—you were engaging in what’s known as “protected activity.” Under California Labor Code §1102.5, your employer is prohibited from retaliating against you for doing the right thing. If you were fired shortly after filing a complaint or alerting HR or management to misconduct, that timeline alone may raise serious legal red flags. Employers may attempt to disguise retaliation by citing vague performance issues, but the truth often comes out when patterns, timing, and communication are investigated by an experienced employment attorney.
2. You Took Medical or Family Leave—and Got Let Go
California workers are entitled to job-protected leave under the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and the Pregnancy Disability Leave law (PDL). If you qualified for and took approved leave to care for your own health or that of a loved one—and were then fired or not reinstated upon return—your employer may have broken the law. Some companies attempt to sidestep liability by claiming they “eliminated” your role or restructured your department. But suppose the timing aligns suspiciously with your leave, and your role still exists under another title or person. In that case, you may have a strong case for wrongful termination due to a medical leave violation.
3. Your Employer Cited False or Shifting Reasons for Firing You
One of the clearest signs of a wrongful termination is when your employer’s explanation for your firing doesn’t add up—or keeps changing. For example, you may have received positive performance reviews for months, only to be suddenly terminated without warning or for vague reasons like “not a good fit.” If the rationale seems inconsistent or unsupported by documentation, it may be a sign of pretext. Pretext means the employer is inventing or stretching a reason to cover up an illegal motive—such as retaliation, discrimination, or whistleblower punishment. A skilled employment attorney can help uncover the truth behind these shifting explanations.
4. You Were Treated Differently Than Other Employees
Workplace fairness isn’t just a matter of ethics—it’s the law. If you were fired while others in your department or position—who made the same mistakes or had the same attendance record—were not, and you belong to a protected category under the law, you may be facing discrimination. Protected classes in California include race, gender, pregnancy, religion, disability, national origin, sexual orientation, and workers over 40. Discrimination often shows up in subtle patterns: fewer opportunities, increased scrutiny, or harsher discipline compared to peers. A wrongful termination lawsuit can expose these patterns and hold employers accountable.
5. You Refused to Do Something Illegal or Unethical
Employers sometimes cross the line by asking employees to commit or conceal unlawful acts—like falsifying reports, lying to clients, manipulating sales data, or ignoring OSHA safety protocols. If you said “no,” reported it, or even asked questions—and were then fired—you may be protected as a whistleblower under California law. Whistleblower retaliation is illegal, even if you never reported the issue outside the company. What matters is that you opposed or refused to participate in wrongdoing. Many whistleblower cases result in reinstatement, back pay, and punitive damages for retaliation.
6. You Were Misclassified as an Independent Contractor
Some employers try to avoid paying overtime, benefits, or taxes by misclassifying employees as “independent contractors.” But just calling you a contractor doesn’t make it legal. If you had to follow a schedule, wear a uniform, follow direct supervision, or couldn’t work for others, you may have been an employee under California’s ABC test (AB 5 law). If you were misclassified and then terminated, it could be a dual violation of both wage and employment law. In some cases, misclassification claims can result in back pay, tax penalties, and a wrongful termination lawsuit.
And if you were fired suddenly, that’s a double violation.
7. You Were Fired After Complaining About Unpaid Wages or Breaks
Asking your employer why you’re not being paid properly—or why your legally required meal or rest breaks are being denied—is not just your right, it’s protected activity. Yet retaliation for wage-related complaints is one of the most common and actionable legal claims in California. If you were demoted, harassed, or terminated after raising concerns about wage theft, unpaid overtime, or missed breaks, your employer may owe you not just back wages, but additional damages for violating labor laws and firing you in retaliation. You may even be part of a broader class action.
What to Do If You Suspect Wrongful Termination
- Document everything—emails, texts, timelines
- Don’t sign severance without legal advice
- Talk to an employment attorney
At Bibiyan Law, we’ve helped thousands of California workers fight back after wrongful firings. We work on a contingency basis—meaning you don’t pay unless we win.
💬 Talk to a wrongful termination lawyer today.
📞 (323) 673-3378 | 📝 Schedule a Free Consultation
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