The termination letter lands on your desk. One page, a few clipped sentences, and a career you built is suddenly gone. It’s unfair, but is it unlawful? In California, proving wrongful termination comes down to evidence: the records you keep, the patterns you uncover, and the laws that protect you from discrimination or retaliation.
King & Siegel LLP has made that proof our craft. With Harvard- and Columbia-trained wrongful termination attorneys, over $100 million recovered for California employees since our founding in 2018, and a multilingual staff, we know how to turn suspicion into evidence and evidence into results. If you believe your firing crossed the line, our free consultation can help you assess the evidence you already have, identify what you still need, and help forge a just path forward.
What Counts as Wrongful Termination in California?
California is an at-will employment state, but “at-will” doesn’t mean “anything goes.” Your employer can fire you for almost any reason—any reason, that is, except an illegal one. Most wrongful termination cases fall into one of four legal categories:
- Discrimination. It is unlawful under the Fair Employment and Housing Act to fire someone because of their race, sex, pregnancy, disability, religion, age, or other protected traits.
- Retaliation. The California Labor Code and the Fair Employment and Housing Act both protect workers who oppose or report illegal conduct. If you reported legal violations and lost your job soon after, that timeline itself can be evidence.
- Family and medical leave. The California Family Rights Act and the federal Family and Medical Leave Act prohibit employers from penalizing employees for taking qualifying leave.
- Public policy violations. Firings that violate fundamental public policy—like refusing to break the law or reporting unsafe conditions—are also prohibited.
The question isn’t whether your boss acted unfairly. The question is whether they broke the law. That said, if you are a member of a protected class or engaged in protected activity, unfairness can be evidence of pretext, as discussed in more depth below.
How Do I Build My Case? Gathering Proof of Wrongful Termination
Winning a wrongful termination case requires more than a conviction that things were unfair. It requires proof of discriminatory or retaliatory motive. To succeed, you must show that your employer’s stated reason for firing you was not the real reason. Lawyers call this showing “pretext.”
Common types of evidence supporting a showing of pretext includ:
- Employer policies that evidence deviations from standard practices in the plaintiff’s case;
- Emails and texts that show shifting explanations or bias;
- Performance reviews that contradict claims of poor performance;
- Medical notes, accommodation requests, or leave records that tie timing to retaliation;
- Witness statements from colleagues about disparate treatment, discriminatory remarks, or employer admissions; and
- Termination letters or HR memos showing inconsistency or deviations from policy.
In many cases,the strength of your case lies in the timeline: protected activity, followed by mistreatment, ending in termination. When that sequence is clear, the law is often on your side.
What Are the Strategies for Proving Wrongful Termination?
California courts use a burden-shifting framework to evaluate wrongful termination claims. This means:
- You belonged to a protected class or engaged in protected activity;
- You were qualified for your role and performing adequately;
- Your employer fired you, or you faced another adverse action; and
- Circumstances suggest the firing stemmed from discrimination or retaliation.
Then the burden shifts to your employer to provide a “legitimate” reason for firing you. Your task— with your lawyer’s help—is to show that reason is a cover story. Timing, contradictions, and comparator evidence (how others were treated) can all expose pretext.
For whistleblower retaliation claims, California law is even more favorable: you only need to prove that your report of misconduct was a contributing factor to your termination.
What Are the Mistakes That Weaken Proof of Wrongful Termination?
Even strong cases can be weakened by missteps. Avoid:
- Negotiating your exit in a way that appears voluntary.
- Signing severance agreements before consulting counsel.
- Discussing your lawsuit plans with colleagues or online.
- Taking confidential company documents and exposing yourself to counterclaims or trade secrets theft allegations.
- Missing filing deadlines that can help keep your claims out of arbitration — some are as short as 180 days.
- Failing to preserve key documents such as reviews, HR complaints, or medical notes.
A skilled employment lawyer will ensure your record stays clean and admissible — not vulnerable to attack.
Steps to Take If You Suspect You Were Wrongfully Terminated in California
If you believe your firing was unlawful:
- Write a detailed timeline of key events.
- Make a list of witnesses to key events and note whether they are likely to be cooperative or require a subpoena.
- Save all relevant evidence, emails, reviews, medical notes, and HR records.
- Schedule a consultation with an experienced employment attorney.
The sooner you act, the stronger your case will be. This is true because evidence can disappear quickly. When you are fired, you often lose access to internal systems. Over time, companies purge old emails, Slack messages, and personnel files. And witnesses may forget key details.
Moreover, once you’re fired, HR and management sometimes begin building their own paper trail—exit memos, performance summaries, or “investigation” notes meant to justify the firing. The longer you wait, the more their version becomes the official record.
Your attorney’s early involvement allows you to counter or contextualize these narratives before they harden into “facts.”
How Does Working with King & Siegel LLP Strengthen My Case?
Wrongful termination cases are won through strategy, experience, and precision. At King & Siegel LLP, we represent employees only. We never represent corporations.
Founding Partner Julian Burns King trained at Harvard Law School and began her career litigating complex commercial cases worth over $750 million before dedicating her practice to protecting workers’ rights. Our team combines elite credentials with genuine compassion, multilingual access, and relentless advocacy.
We’ve been recognized by Super Lawyers, maintain a 10.0 Avvo rating, and have earned a reputation for delivering results with empathy and excellence.
Wrongful termination cases aren’t won by volumes of evidence alone. They’re won by how your team frames, compares, and ties that evidence to statutes. That’s where a skilled employment lawyer makes all the difference.
Contact King & Siegel LLP Today
If you suspect your firing was illegal, act quickly. Evidence fades, deadlines pass, and leverage disappears. Our team can help you evaluate your claims, preserve proof, and pursue justice with confidence.
Schedule your free 30-minute consultation today and take the first step toward turning uncertainty into action.
