Wrongful dismissal law covers the situations where a firing crosses the line from lawful to illegal. In California, these cases are usually called wrongful termination, and they happen when an employer fires a worker for an unlawful reason, such as discrimination, retaliation, or breaking an employment contract. Here is how it works and what you can do about it.
Think you were let go for the wrong reason? Talk it through with a Los Angeles wrongful termination lawyer at Bibiyan Law Group in a free consultation.
What Wrongful Dismissal Law Means in California
While workers in Canada and the United Kingdom often use the phrase wrongful dismissal, California law generally addresses the same concern under the term wrongful termination. The difference is more than wording. In those other systems, wrongful dismissal usually centers on whether an employer gave enough notice or severance. In California, wrongful dismissal law focuses on whether the reason for the firing broke the law.
That distinction matters because California is an at-will state. An employer here can end the relationship for many reasons, or for no stated reason at all. What an employer cannot do is fire you for a reason the law prohibits. If that happens, a California wrongful termination lawyer can help you understand whether you have a claim, whether you work in Los Angeles, Southern California, or Northern California.
Termination Without Cause: When a Firing Is Legal
California is an at-will employment state under Labor Code section 2922. That means an employer can usually end the working relationship with or without cause, and a termination without cause is generally legal on its own. Common examples include company restructuring, downsizing, economic pressures, role redundancy from new technology, and a change in company direction.
Contrary to a common belief, an at-will employee is generally not owed severance or advance notice simply because a firing was without cause. Notice or severance is typically required only when an employment contract promises it, a company policy creates it, or a mass layoff triggers a law such as the California WARN Act. If you are unsure whether your situation was a layoff or something more, it helps to understand the difference between being laid off and terminated in California.
When a Firing Becomes Wrongful
Can an at-will employee be wrongfully terminated? Yes. At-will status does not give an employer the right to fire you for an illegal reason. At-will employment and wrongful termination can exist side by side, because the law carves out clear limits on an employer’s power. A firing may be wrongful when it involves any of the following.
Discrimination. Under the Fair Employment and Housing Act (Government Code section 12940), an employer cannot fire you because of a protected characteristic such as race, color, national origin, religion, age over 40, sex, gender, gender identity, sexual orientation, disability, medical condition, or reproductive health decisions. If your firing was driven by one of these, a California workplace discrimination lawyer may be able to help.
Retaliation. California law, including Labor Code section 1102.5, protects workers who report illegal conduct, file a complaint, or refuse to take part in something unlawful. Firing a worker for those actions can be retaliation.
Breach of contract. If a written, oral, or implied agreement limited when or how you could be let go, firing you outside those terms may be a breach.
Violation of public policy. An employer generally cannot fire you for a reason that undermines a fundamental public policy, such as taking legally protected leave or refusing to break the law. In some cases, pressure that forces a worker to quit can amount to constructive discharge, which the law may treat like a firing.
Termination Without Cause vs. Wrongful Termination
Warning Signs Your Dismissal May Be Wrongful
No single sign proves a case, but patterns can point to a problem. Pay attention if you were fired:
- Shortly after you reported harassment, discrimination, safety issues, or unpaid wages.
- Soon after requesting medical leave, a disability accommodation, or pregnancy leave.
- After the employer gave shifting or inconsistent reasons for letting you go.
- While workers outside your protected group, in similar roles, kept their jobs.
- In a way that conflicted with promises in your contract, offer letter, or employee handbook.
A Closer Look: An Anonymized California Example
Consider a hypothetical worker at a Southern California company who reports to a manager that overtime hours are not being paid correctly. Two weeks later, the worker is let go, and the company calls it a routine performance decision, even though recent reviews were positive. On their own, the dates do not prove anything. Taken together, the timing, the sudden change in story, and the earlier complaint may suggest retaliation. In a situation like this, wrongful dismissal law gives a California worker the ability to ask a court to look past the label the employer used and examine the real reason for the firing.
If any part of that sounds familiar, a free case review can tell you whether you may have a claim. Reach out to Bibiyan Law Group to get started.
How to Sue for Wrongful Dismissal in California
Suing for wrongful dismissal is less overwhelming when you take it in steps. If you are weighing how to sue for wrongful dismissal, the following gives you a practical starting point.
- Gather your records. Save emails, text messages, performance reviews, your offer letter, the employee handbook, and anything related to the firing.
- Identify the type of claim. Discrimination, retaliation, breach of contract, and public policy violations each follow different rules, so naming the issue early helps.
- Watch the clock. Each claim has its own filing deadline, and some are shorter than people expect, so it is wise to act promptly.
- Know about the administrative step. Discrimination and retaliation claims often start with a complaint to the California Civil Rights Department before a lawsuit can move forward. A lawyer can handle this for you.
- Get your case reviewed. An employment lawyer can assess the facts, explain your options, and take the lead on the process.
What You May Recover
Every case is different, and no outcome is guaranteed, but California law allows workers to seek several forms of relief in a successful wrongful termination case. Depending on the facts, you may be able to recover lost wages and benefits, compensation for emotional distress, and, where the law permits, additional damages. In some situations, reinstatement or other court orders may be available. What you can recover depends on the type of claim and the specific circumstances of your firing, which is why a case review matters.
Contact Bibiyan Law Group
If you believe you were wrongfully dismissed or terminated without cause and you are unsure of your rights, Bibiyan Law Group is here to help. Our experienced California employment lawyers guide workers through complex employment disputes and fight for the compensation they deserve.
Do not wait to protect your rights. Contact Bibiyan Law Group today to schedule your free consultation and find out where you stand.
About the Author
David Bibiyan, Esq. is the founding attorney of Bibiyan Law Group, P.C., a California employment law firm based in Los Angeles. His practice focuses on representing workers in wrongful termination, discrimination, retaliation, and wage disputes across California.
This article is provided for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case is different, so speak with a qualified employment lawyer about your specific situation.
Sources
- Cal. Lab. Code § 2922, At-Will Employment, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=2922.
- Cal. Lab. Code § 1102.5, Whistleblower Protection, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1102.5.
- Cal. Gov. Code § 12940, Fair Employment and Housing Act, Unlawful Employment Practices, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=12940.
- Cal. Civ. Rts. Dep’t, Complaint Process, https://calcivilrights.ca.gov/complaintprocess/.
Frequently Asked Questions
Can an at-will employee be wrongfully terminated?
Yes. At-will employment lets an employer fire you for many reasons, but not for an illegal one such as discrimination, retaliation, or a breach of your contract.
What are the exceptions to at-will employment in California?
The main exceptions are firings that involve unlawful discrimination, retaliation for protected activity, a breach of an employment contract, or a violation of public policy.
What is the difference between wrongful dismissal and wrongful termination?
They describe the same general idea. Wrongful dismissal is common in Canada and the United Kingdom and focuses on notice and severance, while California uses wrongful termination and focuses on whether the reason for the firing was illegal.
How do I sue for wrongful dismissal in California?
Start by gathering your records, identify the type of claim, note that filing deadlines apply, complete any required administrative step for discrimination or retaliation claims, and have an employment lawyer review your case.
What can I recover in a wrongful termination case?
Depending on the facts, you may be able to recover lost wages and benefits, compensation for emotional distress, and, where the law allows, additional damages. Outcomes are never guaranteed.
How long do I have to file a wrongful termination claim?
Each claim has its own filing deadline, and some are shorter than people expect, so it is best to speak with a lawyer quickly.
