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This law firm was extremely helpful and successful in my case. In a matter of 7 months they were able to settle my case! Joshua, Ariella, Vedang, and Iona were my attorneys and Aaron were extremely helpful in my case, always responsive and helped with any questions I had about my case. I was turned down by a few other law firms but this law firm took me seriously and won! I’m very satisfied with all of their services.
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General information. Not legal advice.
What Is a Wrongful Termination in California?
Wrongful termination is termination based on an illegal reason, such as discrimination or retaliation. California falls into the category of what is known as an “at will” state. This implies that employers can terminate employees at will, without justification.
Unfortunately, this means that you can show up on time, perform excellent work, stay within your boundaries, and still be legally fired. However, this “at will” rule has its exceptions.
Californians are protected by California law that allow them to under employment law attorney pursue legal action when victimized by a wrongful termination.
It should also be noted that all Californians, regardless of their immigration status, are covered by state employment laws, including temporary migrant workers.
This means that it is illegal to discriminate against a worker due to national origin, or privilege a citizen over a non-citizen.
Wrongful Termination for Discriminatory Reasons
Los Angeles employees are protected from unlawful discrimination by California’s Fair Employment and Housing Act (FEHA). As of 2025, California law explicitly recognizes intersectionality—discrimination based on a combination of two or more protected characteristics (e.g., race and gender)—as a valid basis for a claim.
In addition to prohibiting certain terminations, FEHA also specifies that employers may not create a hostile environment for members of certain protected classes or seek to disadvantage their hiring prospects.
Californians, like all Americans, are also protected by federal laws and can enforce those laws through the Equal Employment Opportunity Commission (EEOC) in USA.
Employers are explicitly forbidden from firing employees because they fit into certain classifications. A non-comprehensive list of reasons your employer cannot terminate your employment includes the following:
Employers are explicitly forbidden from firing employees who fit into certain classifications.
A non-comprehensive list of protected classifications for which you cannot be terminated includes:
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Physical or mental disabilities;
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Age (40 and over);
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Race, ethnicity, or national origin;
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Gender, gender identity, and gender expression;
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Sexual orientation;
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Religion and religious grooming practices;
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Military or veteran status;
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Reproductive Loss (including miscarriage, failed adoption, or unsuccessful assisted reproduction);
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Whistleblower status;
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Use of Family Medical Leave (FMLA/CFRA) or Pregnancy Disability Leave (PDL);
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Being a victim of abuse, stalking, or qualifying acts of violence (expanded in 2025);
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Discussing wages or workplace safety conditions.
If you believe you’ve been fired illegally, our Los Angeles wrongful termination attorneys can help.
Wrongful Termination for Retaliatory Reasons
An employer cannot fire an employee for asserting their legal rights. Under 2026 standards, protections have strengthened for those reporting workplace violations. Examples of unlawful retaliation include being fired for:
Examples of wrongful termination for retaliatory reasons include getting fired for:
- Filing a sexual harassment complaint,
- Reporting unsafe work conditions,
- Taking family medical leave,
- Discussing income or workplace conditions,
- Making a reasonable request for accommodations,
- Filing a workers’ compensation claim,
- Being a whistleblower, or
- Alleging racial discrimination.
Firing someone as a form of retaliation is unlawful and unconscionable. If you were fired in Los Angeles for exercising your rights, a wrongful termination lawyer can help protect your case.
Wrongful Termination for Breach of Contract
In California, claims can stem from written, oral, or implied employment contracts. If an employer promises “permanent” employment or states you will only be fired “for cause,” they may have created an implied contract that overrides at-will status.
New for 2026: California has moved to ban “Stay-or-Pay” contracts (AB 692). Employers are generally prohibited from requiring workers to repay training or “retraining” costs if they leave or are terminated, further protecting employee mobility.
Wrongful Termination for Violation of Public Policy
Wrongful termination for violation of public policy occurs when an employer fires an employee for reasons that go against established public policies in California.
These public policies are often grounded in constitutional provisions, statutes, or regulations that reflect fundamental societal principles. In California, employees are protected from being terminated for engaging in activities that serve the public good or for refusing to participate in actions that violate public policy.
To establish a claim for wrongful termination based on a violation of public policy, the employee must demonstrate that:
- The policy is fundamental, well-established, and beneficial to the public;
- The employee’s termination contravenes this public policy;
- There is a clear connection between the employee’s conduct and the policy; and
- The employee’s conduct was a substantial factor in the termination decision.
For example, employees exercising their legal rights, such as taking family or medical leave under the Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA), cannot be terminated for doing so. Similarly, employers cannot fire employees for filing a workers’ compensation claim after a workplace injury.
Our Los Angeles unlawful termination lawyers can assess whether your rights were violated under California’s public policy protections.
Other Types of Wrongful Termination in Los Angeles
Although discriminatory and retaliatory wrongful termination are the most common, there are a few other circumstances where termination may be considered wrongful.
Your Los Angeles unlawful firing attorney will help you determine if the reason you were released from your employment was illegal.
When a termination breaches the terms of an employment contract, collective bargaining agreement, employment law, or implied contract, the employee can file a lawsuit in federal or state court.
Additionally, if the wrongful termination occurs and violates any other laws, such as the WARN Act, it may be illegal. The WARN Act requires employers to give a certain amount of notice to employees before a mass layoff. Speak with a Los Angeles wrongful termination lawyer to determine if your release was unlawful.
Difference Between Employees & Independent Contractors
California uses the strict “ABC Test” (codified by AB 5) to determine worker classification. To legally classify a worker as an independent contractor, the hiring entity must prove:
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The worker is free from control and direction over how the work is performed;
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The worker performs work outside the usual course of the hiring entity’s business;
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The worker is customarily engaged in an independently established trade or business.
Note: As of January 1, 2026, the California minimum wage has increased to $16.90 per hour for all employers, affecting the salary thresholds for “exempt” status. If you are misclassified as a contractor, you may be owed significant back pay and benefits.
Protections from Wrongful Termination in Los Angeles
Los Angeles employees are protected from unlawful discrimination by California’s Fair Employment and Housing Act (FEHA). The FEHA provides a long list of reasons why a worker may not be terminated from their employment (including some of those listed above).
In addition to prohibiting certain terminations, FEHA also specifies that employers may not create a hostile environment for members of certain protected classes, or seek to disadvantage their hiring prospects.
It should also be noted that all Californians, regardless of their immigration status, are covered by state and federal employment laws here, including temporary migrant workers. This means that it is illegal to discriminate against a worker due to national origin, or privilege a citizen over a non-citizen.
Californians, like all Americans, are also protected by federal laws and the Equal Employment Opportunity Commission.
How to File a Claim for Wrongful Termination
If you were fired for discriminatory reasons, you must typically file a claim with the California Civil Rights Department (CRD) or the federal EEOC.
Important 2026 Procedural Update: Under SB 477, the statute of limitations for filing a FEHA lawsuit is now tolled (paused) while a complainant appeals the closure of their case with the CRD. This gives victims more time to ensure their rights are fully investigated before heading to court.
Contact a Los Angeles Wrongful Termination Lawyer. We Hold Employers Accountable.
Tomorrow Law™ is devoted to recovering the unpaid wages you are owed, and compensating you for any loss that illegal termination by your employer has caused. A legal expert from our Los Angeles wrongful termination law firm can get your case started with a free initial consultation today.
Our contingency fee basis ensures that you will never pay out-of-pocket; that is, you do not have to pay any fees unless you win or recover maximum compensation.
Don’t wait – there are statutes of limitations, or time restrictions, on these types of legal matters. Contact the Tomorrow Law™ team at (323) 675-2374.
Frequently Asked Questions
What Are Some Examples of Wrongful Termination in Los Angeles?
Wrongful termination cases are all unique. Some cases that our attorneys for unlawful termination have seen include:
- Terminating an employee for reporting sexual harassment at work,
- Discharging older workers with more than 20 years of experience in favor of younger workers,
- Firing an employee for reporting unsafe working conditions to OSHA,
- Terminating employment for supporting a political candidate contrary to the employer’s preferences,
- Letting an employee go for requesting reasonable accommodations for a disability,
- Terminating an employee after they refuse to engage in fraudulent accounting practices,
- Firing an employee after they filed a workers’ compensation claim, and
- Replacing an employee while they were out on parental leave.
Despite California being an at-will state, there are some grounds for termination that are simply unlawful.
Is Breach of Contract an Exception to At-Will Employment?
Yes, if you are terminated in violation of an express or implied contract, you may have a claim for wrongful termination. You must show that the employer gave you the impression that you had certain rights or protections.
For example, they may have promised you a specific term of employment or that they will terminate you only for certain reasons.
What Are Other Exceptions to At-Will Employment in Los Angeles?
You cannot be fired for doing something that public policy would encourage. For example, you cannot be fired for taking time off from work because of the following reasons:
- Serving jury duty;
- Appearing for court under subpoena as a witness to or victim of a crime;
- Obtaining victim’s relief to help ensure the health, safety, or welfare of you or your child;
- Reporting abuse;
- Volunteering as a firefighter, peace officer, or an emergency rescue personnel; or
- Appearing by request at the school of a pupil as their parent or guardian.
It is also against public policy to fire an employee who filed a workers’ compensation claim or reported wrongful activity at the workplace. This is not an exhaustive list of public policy considerations in the context of a wrongful termination lawsuit.
A wrongful dismisal attorney with Bibiyan Law Group can help you determine if your discharge violated public policy.
What are employee rights if I am fired based on false statements about me?
You may have a cause of action for defamation of character if false statements made about you resulted in your termination. To prove defamation, you need to show that your former employer:
- Made a false statement of fact,
- Published or communicated the false statement without privilege to a third party,
- Knew or had reason to know the statement was false, and
- Injured you by making the false statement.
In the context of your livelihood, false statements about your professional behavior or competence can be especially damaging.
What Are My Rights If I Was Forced to Quit?
If your employer intentionally creates working conditions that are so intolerable that you have no choice but to quit, that constitutes a constructive discharge. In some instances, constructive discharge can amount to wrongful termination.
In California, constructive discharge occurs when an employer creates such intolerable working conditions that a reasonable person in the employee’s position would feel compelled to resign.
What Constitutes Constructive Termination in Los Angeles?
Constructive termination arises when an employer’s actions make the work environment unbearable. This doesn’t involve an explicit firing but rather a resignation that the circumstances created by the employer forces.
To establish a claim for constructive termination, the employee must demonstrate that the working conditions were so adverse that resignation was the only reasonable option.
To succeed in a constructive termination claim, the employee must prove that:
- Intolerable conditions—the working conditions were so intolerable that a reasonable person in the same situation would have felt forced to resign;
- Employer’s intent—the employer intended to create or knowingly allowed these intolerable conditions; and
- Prompt resignation—the employee resigned promptly due to these conditions.
Constructive termination claims can be complex and require substantial evidence to support the allegations. Employees considering such a claim should document all incidents of harassment, other discrimination claims, or other adverse actions, including dates, times, and witnesses.
Consulting with experienced wrongful termination lawyers is essential to navigating the legal process and building a strong case.
How Do I File a File Claim for Wrongful Termination in Los Angeles?
The governmental agency or jurisdiction where you can file your claim for wrongful termination depends upon the facts of your case and the rights that were violated. For example, if your termination violated an implied contract, you would file a lawsuit in state or federal court.
However, if you were fired for discriminatory reasons, then you would file a claim with the EEOC or with the California Civil Rights Department. Our wrongful termination law experts can help you determine where, when, and how to file a claim.
Do I Have to File a Lawsuit in Los Angeles?
No, a lawsuit is often not desirable for either you or your employer. Accordingly, settlements can be an attractive option to resolve the issue. A settlement agreement may include financial compensation, reinstatement to your position, or promises from the employer to change certain objectionable working conditions. In exchange, you waive your right to bring a claim for wrongful termination in court.
When reviewing a settlement agreement, you should understand the following:
- What are your obligations in the agreement?
- What rights are you giving up in the agreement?
- What are the obligations of the employer in the agreement?
It is generally not a good idea to accept a settlement offer before talking to a wrongful termination lawyer. Our experienced wrongful termination employment lawyers will have reviewed countless settlement agreements and can help you navigate the settlement process.
What Remedies Are Available in a Wrongful Termination Action in Los Angeles?
Remedies can include reinstating your employment and reimbursing you for lost wages and work benefits. However, back pay and reinstatement do not always make an employee whole when they have experienced a wrongful termination.
In some cases, wrongful termination can make an employee depressed or anxious. If an employee can show that they suffered from emotional distress, they may be able to recover damages for pain and suffering.
In the most egregious cases, a court might also award punitive damages. These damages are not related to specific losses you suffered but instead punish the employer to deter future bad behavior.
You may also be able to recover attorney fees. Our skilled wrongful termination attorneys in Los Angeles work diligently to obtain a fair outcome for our clients.
How Can the Los Angeles Unlawful Firing Lawyers at Tomorrow Law™ Group Help Me?
Being fired unlawfully can be very challenging for a variety of personal and professional reasons. Wrongful termination can impact your ability to provide for your family. It can also affect your ability to prepare for an emergency or get future employment.
In this economy, the effects of a wrongful termination can be long lasting. The experienced Los Angeles unlawful firing lawyers at Tomorrow Law™ Group believe that employees in Los Angeles deserve to be able to earn a living with respect and dignity.
Employers who take advantage of their employees must be held accountable. We will zealously advocate for our clients when they are faced with a potential wrongful termination claim.
Our Los Angeles wrongful termination attorneys are with our clients at every stage with reliable legal advice and reputable legal services. We have supported many clients in wrongful termination cases.
This has given us extensive experience in gathering relevant evidence to build a strong case. We have also helped our clients thoroughly investigate complicated and challenging claims.
Our wrongful discharge lawyers are trained to review employment agreements and policies to determine the rights of our clients. Our other employment law firm also assists throughout the complaint process. This includes filing complaints with the appropriate agency or jurisdiction, reviewing settlement agreements, participating in settlement negotiations, and filing a lawsuit.
We are committed to securing a fair outcome for our clients who are victims of wrongful termination. Our experienced LA employment attorneys can help you understand and fight for your rights under the law. Contact us today for free consultation.
