Laws protecting employees from wrongful termination have been around for decades, and some employers have been trying to get around those laws for just as long. While California employers generally have broad discretion to terminate employees, state and federal laws place important limits on that power. Employers cannot fire workers for discriminatory reasons, for exercising protected rights, or for other unlawful motives. When they do, the termination may be wrongful.
At King & Siegel LLP, our Los Angeles wrongful termination lawyers regularly hear from employees who know that something about their termination felt unfair, but are unsure whether it was illegal. If you are in this position, our award-winning team can help you identify all employer wrongdoing and hold your boss accountable. Below, we cover common examples of wrongful termination.
Employers Rarely Say the Real Reason Out Loud. The Pattern Can Still Reveal It.
A firing may look legal on paper, but timing, shifting explanations, sudden discipline, and retaliation after protected activity can tell a very different story.
Start with what happened before the firing.
Wrongful termination cases often turn on the event that came right before the termination: a complaint, leave request, pregnancy announcement, accommodation request, wage issue, injury claim, or refusal to do something illegal.
Red Flags That Deserve a Closer Look
Fired after reporting harassment
If you complained about harassment and then faced sudden discipline, isolation, demotion, or termination, the timeline may support a retaliation claim.
Fired after pregnancy, medical leave, or family leave
A firing after a pregnancy announcement, medical leave request, surgery, family leave, or return from leave can be a serious warning sign.
Fired after reporting unpaid wages
If you asked about unpaid overtime, missed commissions, late wages, meal breaks, rest breaks, or wage theft and were fired soon after, the employer’s timing matters.
Fired after whistleblowing or refusing illegal conduct
Employees may have claims when they are fired for reporting fraud, safety violations, unlawful activity, or refusing to falsify records or follow illegal instructions.
Fired after requesting disability accommodations
If you requested flexible scheduling, modified equipment, remote work, medical restrictions, or another accommodation and were pushed out, the employer’s response should be reviewed.
Build the Pattern Before the Employer Rewrites the Story
Protected action
Identify the complaint, leave request, pregnancy disclosure, wage issue, injury claim, or protected refusal.
Employer reaction
Track write-ups, reduced hours, removal from projects, hostility, surveillance, demotion, or isolation.
Stated excuse
Save the reason the company gave for firing you, especially if it conflicts with your record.
Proof gap
Compare the employer’s explanation against reviews, emails, witnesses, metrics, and earlier treatment.
Documents to Save Before You Lose Access
Common Employer Tactic: Turning Retaliation Into “Performance Problems”
A sudden performance excuse can be challenged when your record was strong before you complained, requested leave, reported wage violations, disclosed a pregnancy, asked for accommodations, or refused illegal conduct.
Does Your Firing Match One of These Patterns?
King & Siegel LLP helps California employees evaluate wrongful termination, retaliation, discrimination, wage, leave, and accommodation-related claims.
What Is Wrongful Termination?
California’s Labor Code establishes the state’s at-will employment rule. In most situations, either the employer or employee may end the employment relationship at any time and for almost any reason.
However, California law creates significant exceptions. An employer cannot terminate an employee if the reason:
- Violates state or federal law,
- Breaches an employment contract, or
- Violates public policy.
In other words, an employer may fire an employee for a lawful reason, but not for an unlawful one.
Below are common examples of wrongful termination that may support a legal claim.
Wrongful Termination Examples
So, what does wrongful termination look like? It’s not always obvious, and there are many ways an employer might break the law, but there are several clues you can look for when asserting your rights.
1. Firing an Employee Because of a Protected Characteristic
One of the most common forms of wrongful termination involves discrimination. The California Fair Employment and Housing Act (FEHA) is an anti-discrimination law that prohibits employers from firing employees because of protected characteristics.
Protected characteristics include:
- Race,
- Color,
- National origin,
- Ancestry,
- Religion,
- Age (40 and older),
- Disability,
- Medical condition,
- Sex (including pregnancy and sex-related conditions),
- Gender identity,
- Gender expression,
- Sexual orientation,
- Marital status, and
- Military or veteran status.
For example, a company may violate California law if it terminates an employee after learning that the employee has a disability or reaches a certain age.
Discriminatory motives are not always obvious. Employers rarely admit that they fired someone because of race, age, disability, or another protected characteristic. Instead, employees often notice a pattern of unfair treatment before the termination occurs, such as punishing an employee for minor infractions more harshly than employees of another race or age who commit the same violations (or worse).
Different treatment for similar conduct can be evidence of discrimination and may support a wrongful termination claim.
2. Termination After Complaining About Discrimination or Harassment
California law protects employees who oppose workplace discrimination or harassment.
An employer cannot lawfully fire an employee because the employee:
- Reported discrimination,
- Reported harassment,
- Participated in a workplace investigation,
- Helped another employee with a discrimination complaint, or
- Filed a complaint with the California Civil Rights Department.
Retaliation is unlawful even if the underlying complaint is ultimately not proven, as long as the employee had a reasonable good-faith belief that unlawful conduct occurred. And if negative treatment begins shortly after a complaint is made, that timing may be important evidence.
3. Firing an Employee for Reporting Illegal Conduct
Employees often help protect the public by reporting unlawful workplace practices.
California and federal laws protect many forms of whistleblowing activity, including reporting:
- Wage and hour violations (e.g., not paying overtime or giving adequate breaks),
- Safety violations,
- Fraud,
- Discrimination,
- Harassment, and
- Other violations of law.
An employer generally cannot terminate an employee because the employee reported unlawful conduct to management, a government agency, or another protected recipient. If a worker is fired shortly after raising concerns about legal violations, retaliation may be an issue worth investigating.
4. Termination for Requesting Disability Accommodations
Employees with disabilities may have the right to request reasonable accommodations that help them perform their jobs.
Examples of accommodations can include:
- Modified schedules,
- Additional leave,
- Adjusted job duties, and
- Assistive equipment.
An employer generally cannot terminate a qualified employee simply because the employee requested a reasonable accommodation. When an employee is fired shortly after requesting help related to a disability, it may raise concerns about illegal discrimination or retaliation.
5. Firing an Employee Because of Pregnancy
California law provides important protections for employees who are pregnant or dealing with pregnancy-related health conditions.
Employees may have rights related to:
- Pregnancy leave,
- Reasonable accommodations,
- Schedule adjustments for medical appointments, and
- Time off for childbirth recovery and bonding.
An employer cannot legally fire an employee because of pregnancy, childbirth, or a related medical condition.
Unfortunately, some employees notice negative treatment after announcing a pregnancy, requesting accommodations, or taking protected leave. Those situations should be carefully evaluated and may warrant legal action.
6. Mass Layoffs Without Required Notice
Large workforce reductions are not always unlawful; however, employers may violate the law if they fail to provide required notice under the California Worker Adjustment Retraining and Notification (Cal-WARN) Act or use layoffs to discriminate or retaliate against employees.
The Cal-WARN Act requires covered employers to provide advance notice in certain circumstances involving:
- Mass layoffs,
- Relocations, or
- Terminations of operations.
Typically, the employer has to give at least 60 days’ notice to affected employees. When required notice is not provided, affected employees may have legal rights to recover compensation and other remedies.
Employees who lose their jobs during a large layoff should not assume the employer followed all legal requirements and should consult a knowledgeable attorney about their options.
7. Firing an Employee After They Comply with Military or Civic Duty Requirements
We all have obligations outside of work, and the law wants to make sure that our work and other civic duties don’t have to compete.
If you were fired for the following conduct, you might have a wrongful termination claim:
- Reporting for jury duty,
- Testifying in court after receiving a subpoena,
- Reporting for volunteer first responder duty, or
- Complying with orders regarding military duty.
In many cases, you must give reasonable notice before reporting for duty, but your employer cannot punish you for fulfilling many of the above-listed obligations.
8. Firing an Employee in Violation of an Employment Contract
Although California is generally an at-will employment state, some employees work under contracts that limit an employer’s ability to terminate them.
For example, an employment agreement may provide that:
- Termination can occur only for cause,
- Certain disciplinary procedures must be followed before a termination, and
- Specific notice requirements apply.
If an employer ignores contractual protections and terminates you anyway, you may have a claim for wrongful termination or breach of contract.
Employees should review any written agreements, offer letters, executive contracts, or severance agreements that may affect their rights.
9. Pushing an Employee out After They Take Protected Leave
California employees have important leave rights under laws such as the California Family Rights Act (CFRA).
Eligible employees may be entitled to protected leave for qualifying family and medical reasons, such as:
- A serious illness,
- A natural disaster,
- Bringing a new child into the home, or
- Military obligations.
Employers generally cannot terminate workers simply because they exercised those rights.
To skirt around their legal obligations, some employers do not terminate an employee immediately after leave. Instead, they make the employee’s job significantly worse in a way that forces them to leave.
For example:
- The employee returns to a lower-paying position;
- Responsibilities are substantially reduced;
- The employee loses important benefits or opportunities; or
- Working conditions, such as work location or assignments, become significantly less favorable.
If you quit because the changes to your position are bad enough to make a reasonable person leave, your employer may be liable for constructive discharge and wrongful termination.
10. Creating Conditions That Force an Employee to Quit
Not every wrongful termination involves a direct firing.
California recognizes the legal concept of constructive discharge. If an employee resigns because the employer created intolerable conditions tied to discrimination, retaliation, harassment, or another unlawful reason, the resignation may be treated as a termination.
Examples may include:
- Ongoing discriminatory treatment;
- Severe harassment;
- Unreasonable demotions or assignments;
- Significant reductions in pay, benefits, or responsibilities; and
- Substandard workspaces.
The law generally requires more than isolated or trivial incidents. However, in some circumstances, a single severe incident may be enough. When an employer intentionally creates or knowingly permits working conditions so intolerable that a reasonable person would feel they have no reasonable alternative except to resign, that may be illegal.
What Should You Do If You Believe You Were Wrongfully Terminated?
If you believe you were fired unlawfully, acting quickly can be important. You may be able to file a complaint with the California Civil Rights Department, a complaint with the California Department of Industrial Relations, or a civil lawsuit, but you have a limited time to initiate your claim. Being prepared can help you act quickly.
To prepare, speak to an experienced attorney, and consider preserving:
- Performance reviews,
- Emails and text messages,
- Employee handbooks,
- Disciplinary records,
- Employment agreements,
- Leave request documents,
- Witness information, and
- Any written explanation for the termination.
Our experienced team can evaluate the facts, identify potential claims, and help determine the best path forward.
Speak with Our California Wrongful Termination Attorneys
Many employees are told that California’s at-will employment laws mean they have no rights after being fired. That is often incorrect, and you have rights against wrongful termination. If you have questions about potential wrongful termination examples in your own situation, our team can help you understand your legal options.
At King & Siegel LLP, our award-winning attorneys represent employees throughout California in wrongful termination, discrimination, retaliation, and employment law matters. We care about the facts in your case and tailor our approach to your unique needs. Contact us today by phone or online for a confidential consultation.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- At-will employment, Cal. Lab. Code § 2922 (1971).
- U.S. Equal Employment Opportunity Commission, “Enforcement and Litigation Statistics” (2025).
- Employment discrimination (FEHA), Cal. Gov. Code § 12940 (2024).
- California Civil Rights Department, “Employment Discrimination.”
- California Civil Rights Department, “Complaint Process.”
- California Civil Rights Department, “California Law Prohibits Workplace Discrimination & Harassment.”
- California Department of Industrial Relations, “Whistleblowers Are Protected.”
- California Civil Rights Department, “Family Care & Medical Leave & Pregnancy Disability Leave.”
- California Department of Industrial Relations, “Cal-WARN Act.”
- California Department of Industrial Relations, “Laws That Prohibit Retaliation and Discrimination.”
- U.S. Department of Labor, “A Guide to the Uniformed Services Employment and Reemployment Rights Act.”
- Termination under an employment contract, Cal. Lab. Code § 2924 (1971).
- Constructive discharge, Judicial Council of California Civil Jury Instructions, CACI No. 2510 (Nov. 2024).
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.