You walk into work expecting another routine day. Instead, your employer hands you a termination notice. The explanation feels thin, and the timing is suspicious. You may be an “at-will” employee, but you start to wonder whether your firing crossed the line into illegality. For many California employees, this moment triggers a search for answers: how to file a wrongful termination claim in California and what it takes to hold an employer accountable.
The process can feel daunting and complex, but experienced attorneys can identify patterns, gather evidence, and transform suspicion into a viable claim. At King & Siegel LLP, we exclusively represent employees. Our wrongful termination attorneys are skilled at navigating California’s confusing employment laws and effectively advocating for employees against companies that abuse their power. If you suspect your firing was unlawful, we can evaluate your case and guide you through each step of the claim.
What Makes a Termination “Wrongful”?
California is an at-will employment state, meaning employers can generally terminate employees without cause. But at-will employment is not a free pass for employers to fire you for illegal reasons. A firing becomes wrongful when it violates statutes, contracts, or public policy.
Examples include:
- Discrimination-based terminations. Firings due to race, gender, pregnancy, disability, religion, or age are barred under the California Fair Employment and Housing Act (FEHA) and federal law, like Title VII of the Civil Rights Act of 1964;
- Retaliation for protected activity. Dismissals after reporting harassment, wage theft, or unsafe conditions violate Labor Code § 1102.5 and FEHA.
- Public policy violations. Terminations for refusing illegal orders or fulfilling civic duties, like jury service, fall into this category.
- Breach of contract. When an employment agreement limits termination to “for cause,” employers who fire without justification breach their promises.
Recognizing these patterns is the first step toward pursuing justice.
How to File a Wrongful Termination Claim in California
Filing a wrongful termination claim is a process, and like any process, it works best when broken into clear steps. Here are five to get you started.
Step One: Gather Evidence
Strong cases are built on details. Employees should collect:
- Your termination notice or written communication explaining the firing;
- Performance reviews and work history to counter claims of poor performance;
- Emails, texts, or memos showing discrimination, retaliation, or sudden shifts in treatment;
- Witness statements from coworkers who observed retaliation or bias; and
- A timeline of events linking protected activity, such as a complaint or medical leave request, to the termination.
The more documentation available, the easier it is to establish a causal connection between protected activity and the firing.
Step Two: File with the Right Agency
In California, most wrongful termination claims begin with an administrative filing. Where to file depends on the type of claim:
- Discrimination or retaliation claims. File with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). Both agencies investigate and issue “right-to-sue” notices that allow employees to pursue civil lawsuits.
- Wage-related retaliation. File with the California Labor Commissioner, which investigates wage complaints and related terminations.
- Whistleblower retaliation. Depending on the statute involved, employees may pursue their claims directly in court or through state or federal regulators.
Deadlines are strict. For example, typically, you must file CRD complaints within three years of the retaliatory act. Missing these windows can bar a claim entirely.
Step Three: Understand Remedies
Employees filing wrongful termination claims may seek:
- Back pay for lost wages;
- Front pay if reinstatement is not feasible;
- Compensation for emotional distress caused by the termination;
- Punitive damages in cases of egregious misconduct; and
- Attorney fees and costs, often available under California’s employment statutes.
These remedies seek not only financial recovery but also accountability for unlawful employer behavior.
Step Four: File a Civil Lawsuit
After exhausting administrative remedies, employees may proceed to court. Litigation involves filing a complaint, engaging in discovery (including document exchange and depositions), and potentially proceeding to trial. Many cases resolve through settlement, but preparing as though the matter will reach trial is an effective way to build a strong case.
An attorney’s role here is crucial. Counsel drafts pleadings, manages deadlines, negotiates settlements, and, if necessary, presents evidence before a judge or jury.
Step Five: Work with Legal Counsel
Employees often ask whether they can file claims on their own. While this is possible, wrongful termination cases are complex and usually require proof of “pretext.” Employers rarely admit to illegal motives, and proof frequently lies in subtle shifts, coded language, or paper trails only attorneys can uncover through discovery.
Attorneys increase the odds of success by:
- Identifying which laws the employer violated,
- Filing documents ahead of strict deadlines,
- Subpoenaing documents and questioning witnesses,
- Framing evidence to persuade judges or juries, and
- Negotiating settlements from a position of strength.
Without legal representation, employees risk losing valid claims on technical grounds.
How Can King & Siegel LLP Help with My Wrongful Termination Claim?
We stand with our employees from the initial consultation through to the final resolution. Our attorneys:
- Review your termination and identify potential claims;
- File agency complaints and secure right-to-sue letters;
- Collect evidence and connect patterns of retaliation or discrimination;
- Negotiate settlements or litigate when trial is the best path forward; and
- Provide accessible support, including Spanish-speaking staff, to serve California’s diverse workforce.
At King & Siegel, leadership begins with Julian Burns King, a Harvard Law School graduate whose litigation work has helped clients recover over $750 million. Together with her colleagues—graduates of top law schools like Columbia, Stanford, and NYU—she has secured over $100 million for California workers in a few short years. Our firm’s reputation as Super Lawyers Rising Stars, combined with a 10.0 Avvo rating, reflects not only elite training but also a relentless focus on protecting employees against wrongful termination and workplace retaliation.
Take the Next Step. Protect Your Rights. Contact King & Siegel LLP Today
If you’re wondering how to file a wrongful termination claim in California, start by gathering your documents and reaching out for legal advice. Deadlines are strict, evidence fades, and employers often move quickly to cover their tracks.
King & Siegel offers free, 30-minute consultations to evaluate your case. By approaching each case strategically and proactively, we keep the process moving and minimize the disruption to your work and well-being. Contact us today to schedule your consultation and take the first step toward justice.
Julian Burns King graduated with honors from Harvard Law School and founded King & Siegel in 2018. As head of the Firm’s discrimination and harassment practice areas, she champions the rights of working parents and victims of workplace discrimination and harassment. She has been recognized as a “Rising Star” by Super Lawyers annually since 2018 and has recovered tens of millions of dollars on behalf of her clients.