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wrongful termination

Los Angeles Wrongful Termination Lawyer - Protecting Your Rights in California

Facing an unfair job loss in Los Angeles? You’re not alone, and you have legal rights. Wrongful termination occurs when an employer fires an employee for an unlawful reason – violating state or federal law, breaching an employment contract, or undermining fundamental public policy. In California’s at-will employment landscape, employers generally can let you go for almost any or no reason. However, they cannot fire you for an illegal reason. If you believe you were wrongfully terminated, our experienced Los Angeles wrongful termination attorneys at MSD Lawyers are here to help you understand your rights, navigate the legal process, and fight for the justice you deserve.

Table of Contents

What Falls Under Wrongful Termination in California?

California is an “at-will” employment state, which means that in most cases your employer can terminate you at any time without cause, and you are free to quit at any time. But “at-will” is not a blank check to fire someone for unlawful reasons. Both California and federal law strictly prohibit terminations based on illegal reasons such as discrimination or retaliation. Even at-will employees are protected by wrongful termination laws when an employer’s motive violates the law or public policy. Key categories of wrongful termination include:

  • Discrimination: It is illegal to fire someone because of a protected characteristic or trait. Under the California Fair Employment and Housing Act (FEHA) and federal law (Title VII of the Civil Rights Act), employers cannot terminate an employee due to their race, color, national origin, ethnicity, religion, sex/gender, sexual orientation, gender identity, age (if over 40), disability (mental or physical), medical condition, pregnancy, marital status, military or veteran status, or other protected classes. Firing someone because they belong to a protected class is a clear violation of law. (For example, terminating an employee because she is pregnant or because of his religious beliefs would be wrongful termination.)

  • Harassment: Terminating an employee as a result of workplace harassment or because the employee rejected unwelcome sexual advances is also unlawful. Employers have a duty to prevent and correct harassment; they cannot use a harassing work environment to force someone out. A firing that follows an employee’s complaint of harassment or that targets someone for abuse due to their protected characteristic may be considered a wrongful termination in violation of public policy (overlapping with discrimination or retaliation laws).

  • Retaliation: It is illegal for an employer to fire someone in retaliation for exercising their legal rights or reporting wrongdoing. California and federal laws protect employees who engage in “protected activities” from retaliation. Protected activities include (but aren’t limited to) complaining about or reporting unlawful conduct (such as discrimination or sexual harassment), reporting wage and hour violations, whistleblowing about company fraud or safety violations, filing or assisting with a workers’ compensation claim, taking legally-protected family or medical leave (FMLA/CFRA leave), or reporting workplace health and safety issues. For example, your employer cannot fire you for reporting illegal business practices to a supervisor or to a government agency, for taking approved medical leave, or for participating as a witness in an investigation of another employee’s complaint.

  • Violation of Public Policy: California recognizes wrongful termination claims based on violations of fundamental public policy. This means an employer cannot fire you for a reason that society would find harmful or unlawful. For instance, it is unlawful to fire an employee for refusing to engage in illegal acts at the employer’s behest, or for performing a civic duty such as jury service or voting. As an example, if your boss fires you because you refused to commit fraud or because you took time off to serve on a jury or vote in an election, that firing violates public policy and can be actionable.

  • Breach of Contract (Express or Implied): While most California workers do not have a fixed-term employment contract, some do – and many have implied contracts or promises of job security. If you have an employment contract (written or oral) that only allows termination for cause or after a certain term, a firing that breaches that contract is wrongful.

California’s Fair Employment and Housing Act (“FEHA”) makes it illegal for employers to fire workers based on their being part of a protected class. Protected classes are:

●      Race

●      Color

●      National origin or citizenship status

●      Ancestry

●      Sex or gender identity

●      Sexual orientation

●      Disability or medical condition

●      Genetic information

●      Pregnancy, pumping breast milk at work, or for asking for lactation accommodation

●      Religion

●      Age (if over 40)

●      Being a victim of domestic violence, assault or stalking

●      Marital status

●      AIDS/HIV positive status

●      Political activities or affiliations

●      Military or veteran status

●      In some cities such as San Francisco, height and weight

 

Tip: Always save copies of any contracts, offer letters, emails, or handbook policies that outline termination procedures or job protections, as these can be key evidence if a dispute arises.

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Constructive Termination (Forced to Quit)

Wrongful termination doesn’t always involve an outright firing – sometimes, employers try to drive employees out by making work conditions unbearable. In California, if you felt you had “no choice but to quit” due to intolerable conditions, the law may treat it as a constructive discharge (or constructive termination). Constructive termination means you resigned, but only because your employer made your working conditions so awful that any reasonable person in your position would have felt compelled to resign. In these cases, you can still pursue a wrongful termination claim even though you technically quit, because the resignation was not truly voluntary – it was forced by the employer’s misconduct.

California legal standard: To prove a constructive discharge, you must show the workplace conditions were so intolerable or aggravated at the time of your resignation that a reasonable employee would resign. This is a high bar – mere unfairness or mild mistreatment might not qualify. The behavior usually must be egregious (for example, ongoing harassment or humiliation, drastic pay cuts, or illegal directives). Courts will look at the totality of circumstances, including the employer’s knowledge of the conditions and whether they were likely trying to force you out.

Examples of situations that can lead to constructive termination include:

  • Severe reduction in pay or hours: Your employer cuts your hours or salary so dramatically that you can no longer earn a living wage, effectively squeezing you out. For instance, a full-time employee’s hours are slashed to a few hours a week without justification, pressuring them to quit.

  • Stripping of job duties and dignity: Your responsibilities are taken away and you’re reassigned to menial or no work at all – a deliberate attempt to marginalize you. If going to work becomes objectively demeaning because the employer has removed all your meaningful tasks, a resignation under these circumstances could be deemed a constructive discharge.

Proving a Wrongful Termination Case (Types of Evidence)

Most cases are proven with circumstantial evidence that shows the firing was motivated by discrimination or retaliation. As wrongful termination lawyers, we help clients piece together the story through documents and witness testimony to reveal the employer’s true motive. Here are common types of evidence and signs that strengthen a wrongful termination claim:

  • Discriminatory comments or behavior: Perhaps a supervisor or decision-maker made prejudiced remarks about your protected class (e.g. sexist or racist comments) or expressed bias before your termination. For example, an email from your boss disparaging “older workers” shortly before you (age 62) were let go could be powerful evidence of age discrimination.

  • Suspicious timing (temporal proximity): Timing can be everything. If you were fired right after engaging in a protected activity, or at a time that seems suspicious (for instance, immediately after you announced a pregnancy or just days after filing a complaint about harassment), it raises an inference of retaliation or discrimination. Courts and juries recognize “close timing” between an employee’s protected act and the termination as potential evidence of wrongful motive.

  • Comparative (differential) treatment: How were other employees treated? If you can show that similarly situated coworkers not in your protected class were not fired for the same or worse conduct, or that you alone were targeted after engaging in a protected activity, it’s compelling evidence. For example, if you were fired for a minor infraction that several coworkers outside your race also committed but were not fired, that disparity suggests discrimination.

  • Pattern or statistics: In some cases, broader data can support your claim. Perhaps a company has a pattern of laying off a disproportionately high number of older employees, or no women are ever promoted and those who complain get terminated. Statistical evidence (like a trend of older workers being pushed out) can show a discriminatory pattern.

Employer’s motive or attitudes: We look for any clues revealing the employer’s mindset. Did a manager express frustration about your protected activity (e.g. “All these safety complaints are annoying”)? Were you excluded or treated differently after you reported something? Even subtle things like being suddenly left out of meetings after you announced your pregnancy could support an inference that the employer had discriminatory intent. Additionally, coded language or “euphemisms” can reveal bias – for example, referring to an older worker as “energy lacking” or saying a new mother wasn’t “committed” enough can be evidence that the employer was biased against your age or family status.

In building your case, our legal team will thoroughly investigate and gather evidence to prove what really happened. We often subpoena internal documents and interview witnesses to uncover the truth. Your role is to provide us any information you have: emails, names of supportive coworkers, timeline of events, etc.

Filing a Wrongful Termination Claim - Process and Deadlines

Taking action after a wrongful termination involves several steps and strict deadlines, so it’s important to act promptly. In California, many wrongful termination claims (especially those based on discrimination or retaliation) require going through a government agency before you can file a lawsuit. This is known as exhausting your administrative remedies. Here’s an overview of the process and timing:

  1. File an Administrative Complaint (FEHA/EEOC): If your claim involves discrimination, harassment, or retaliation under California law, you generally must file a complaint with the California Civil Rights Department (CRD) – formerly the Department of Fair Employment and Housing (DFEH) – within three years of the wrongful act. (For federal law violations, you file with the U.S. Equal Employment Opportunity Commission (EEOC), and the deadline is typically 300 days from the act in states like California.) Filing with CRD/DFEH or EEOC is mandatory for these types of claims; you cannot go straight to court without first giving the agency an opportunity to investigate or resolve the issue.
  • The role of CRD/DFEH: When you file with the CRD (DFEH), you will submit an intake form detailing what happened. The agency may investigate your allegations, gather responses from the employer, and possibly facilitate a mediation or settlement discussions. If the agency finds a violation, it can help seek remedies or even file a lawsuit on your behalf in rare cases. More commonly, the CRD will issue a “Right-to-Sue” letter, which is essentially your ticket to proceed to court. In fact, you can request an immediate Right-to-Sue notice from the CRD if you prefer to skip the agency investigation and go straight to filing a lawsuit. Most people do request an immediate Right-to-Sue, especially if they have an attorney, so that they can file in court without delay.

  • “Right-to-Sue” Letter – What it means: A Right-to-Sue letter from the CRD or EEOC is an official notice that you have fulfilled the administrative filing requirement and may now bring your lawsuit in civil court. It does not mean the agency found merit or not – often it’s issued upon request or after the agency closes your case due to limited capacity. The key is once you have the Right-to-Sue, you can proceed to file a lawsuit. Important: Under California law, after the CRD/DFEH issues a Right-to-Sue, you have one year from the date of that letter to file your lawsuit in court. (Federal EEOC letters typically give you 90 days to sue in federal court, but in California we often pursue claims under state law in state court for broader remedies.) We will make sure your lawsuit is timely filed within this window.
  1. Filing the Lawsuit in Court: If the issue isn’t resolved through the agency process (and most often it is not), the next step is to file a wrongful termination lawsuit in the appropriate court. Depending on the specifics, this lawsuit may include multiple causes of action – for example, a claim under FEHA for discrimination, a claim for retaliation, and/or a common-law tort claim for wrongful termination in violation of public policy. Our attorneys will draft a detailed complaint laying out the facts and legal theories, and we will file it on your behalf.
  • Deadline to sue (statute of limitations): It’s critical to file within the legal time limits. As noted, FEHA-based claims require the administrative complaint within 3 years and lawsuit within 1 year of the Right-to-Sue. For a wrongful termination in violation of public policy (a common law tort), the statute of limitations in California is generally 2 years from the date of termination. (Breach of a written contract claims have a 4-year limit, and certain specific claims may have different deadlines.) We will ensure all filings meet the applicable deadlines. Missing a deadline can bar your claim, so please consult an attorney as soon as possible after your termination to preserve your rights.

Why Choose MSD Lawyers for Your Wrongful Termination Case?

Experience, Excellence, and Proven Results: At MSD Lawyers, we understand how devastating a wrongful termination can be – not just financially, but emotionally. Our Los Angeles employment attorneys are renowned for their high level of skill in the courtroom, have recovered tens of millions for clients, and have decades of combined experience aggressively advocating for employees who have been illegally fired. We have successfully handled numerous wrongful termination cases, securing significant settlements and verdicts for clients in Southern California. We stay up-to-date on the latest legal developments (such as new expansions of employee rights and remedies) to provide cutting-edge representation and award-winning outcomes.

We Know LA Employment Law: Our firm has deep roots in Los Angeles and California employment law. We are familiar with local court procedures, the tendencies of area judges, and even many opposing counsel in the region. This local insight can be an advantage in litigating your case efficiently and effectively. Moreover, our reputation as staunch employee advocates means employers know we won’t back down. While we always explore settlement if it’s in your best interest, we are fully prepared to take your case to trial to obtain justice.

Speak With a Los Angeles Wrongful Termination Attorney Today

Call us today at 213-628-3856 to schedule a free, confidential consultation with an experienced Los Angeles wrongful termination lawyer. We’ll help you take a stand against injustice and work to obtain the compensation you deserve for your lost wages, emotional distress, and other damages. Remember, there are strict deadlines to take action, so don’t delay. Let us use our resources and dedication to protect your rights and pursue justice on your behalf.

You can also contact us here with our free evaluation form.

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