What Is Wrongful Termination in California?

Wrongful termination happens when an employer fires someone for a reason that violates the law or breaches the terms of an employment agreement. While employers can terminate workers for many reasons, they cannot do so because of protected characteristics or because an employee asserted their legal rights.

Protected Characteristics Under California and Federal Law

It is unlawful for an employer to terminate someone based on race, color, religion, national origin, sex, gender identity or expression, sexual orientation, pregnancy or related medical conditions, disability, age (40+), medical condition, genetic information, military or veteran status, or similar protected categories.

Retaliation and Public Policy Violations

A firing may also be wrongful if it was motivated by retaliation. Employers cannot terminate workers for reporting discrimination or harassment, raising workplace safety concerns, asserting wage and hour rights, requesting medical or family leave, cooperating in an investigation, or refusing to break the law. California also protects employees from terminations that violate public policy or contradict written or implied contractual promises.

Do I Have a Wrongful Termination Case?

It is common not to know whether a firing was illegal. Employers rarely share the real reason for a termination, and unlawful motives are often framed as performance issues, restructuring, or business needs. Many workers notice changes that raise concerns, such as sudden discipline after years of steady performance or inconsistent explanations for the firing.

You may have a potential claim if you experienced any of the following before being terminated:

• Negative treatment or discipline shortly after reporting misconduct or requesting leave
• Being replaced by someone outside your protected class

Evidence such as emails, performance reviews, internal messages, and the timing of key events can help show whether discrimination or retaliation played a role. Patterns of behavior are also important, even when individual incidents may seem minor on their own.

If the explanation you were given does not match your work history or recent events, an attorney can help you determine whether your rights were violated and whether you may have a valid claim.

Constructive Discharge: When a “Resignation” Is Really a Termination

Some workers are not formally fired but are pushed out. Constructive discharge occurs when working conditions become so difficult or hostile that a reasonable person would feel they had no real choice except to resign. This can include situations where an employer ignores harassment, allows a hostile environment to continue, makes targeted negative changes, or retaliates after a worker reports unlawful conduct.

Courts require evidence that the conditions were serious and ongoing, not isolated incidents or ordinary workplace stress. If you are considering resigning because the situation has become unmanageable, it is important to speak with an attorney first so you do not weaken your potential claim.

Independent Contractors and Misclassification

Many San Diego workers labeled as “independent contractors” actually function like employees. Under California’s ABC Test, a worker is misclassified if they are controlled by the company, perform work central to the company’s business, or do not operate an independent business of their own.

Misclassified workers may still qualify for wrongful termination protections and may also be entitled to additional compensation for unpaid wages, unreimbursed expenses, and statutory penalties. If you’re unsure whether your classification was correct, we can review your role and employment relationship.

What Compensation Can You Recover?

Wrongful termination can cause both financial and emotional harm. California law allows workers to pursue economic damages for past and future lost wages, lost benefits, and the difference between their previous earnings and what they earn after reemployment. Some workers may also seek reinstatement, though most prefer financial compensation.

• Economic damages includes lost income, lost benefits, future earnings
• Non-economic damages includes emotional distress, anxiety, reputational harm
• Punitive damages may be available when the employer’s conduct was malicious, oppressive, or fraudulent

If your employer acted intentionally or with extreme disregard for your rights, punitive damages may increase the value of your claim. Your recovery will depend on the strength of the evidence and the harm you experienced.

What to Do After a Wrongful Termination

Taking the right steps after being fired can protect your rights and strengthen your case. Start by gathering important documents, noting key events, and avoiding decisions that could limit your legal options. Many claims also have strict filing deadlines, so early legal guidance is important.

Helpful Steps to Take

• Save emails, text messages, performance reviews, written warnings, and other employment records.
• Create a timeline of key events, including complaints, leave requests, and meetings with supervisors or HR.
• Wait to sign any severance agreements until an attorney reviews them.
• Be aware that wrongful termination claims must be filed within specific legal deadlines, which vary based on the type of violation.

For certain types of wrongful termination claims, you may also need to complete a required administrative step before filing a lawsuit. You may be required to file an administrative complaint with the California Civil Rights Department (CRD), previously known as the Department of Fair Employment and Housing (DFEH), or with the federal Equal Employment Opportunity Commission (EEOC). These agencies issue a right-to-sue notice, which is necessary in many discrimination and retaliation cases before you can proceed in court.

How Do I Prove a Wrongful Termination Claim?

Proving wrongful termination requires showing that your employer’s stated reason for firing you was not the real reason, or that the firing violated California or federal law. Evidence often includes emails, text messages, performance reviews, internal notes, witness statements, changes in treatment, and the timing of events leading up to your termination. Patterns of behavior can also be important, such as sudden criticism after years of positive performance or negative treatment immediately after you asserted your rights.

Wrongful termination cases follow the civil burden of proof in California. This means you must show that your explanation of what happened is more likely true than not. Courts refer to this standard as the preponderance of the evidence, and it is reflected in the state’s jury instruction on the burden of proof.

How Gomez Trial Attorneys Helps San Diego Workers

Gomez Trial Attorneys is known for combining compassionate, responsive service with fierce representation. We take the time to understand what you’re going through, explain your options clearly, and prepare your case as if it may go to trial — a strategy that strengthens your position and helps deliver meaningful results. With substantial resources and deep experience in employment law, we advocate for workers across San Diego County facing discrimination, retaliation, contract violations, or hostile work environments.

Speak With a San Diego Wrongful Termination Lawyer

If you were fired for an unlawful reason, you deserve a legal team that takes your rights seriously and fights for your future. We can help you understand whether your termination was illegal and guide you through the process of seeking full compensation. Free Consultation — No Fees Until We Win. Call (619) 237-3490 or contact us online today.

San Diego Wrongful Termination FAQs

How do I know if my firing was illegal or just unfair?

Not every unfair firing violates the law. A termination may be illegal if it was motivated by discrimination, retaliation, or a violation of public policy. Workers often notice red flags such as sudden discipline, shifting explanations for the firing, or negative treatment after requesting leave or reporting misconduct. An attorney can review the timeline and evidence to determine whether you may have a claim.

Can I be fired in California without a reason?

Yes. California is an at-will employment state, which means employers can terminate employees for almost any lawful reason. However, they cannot fire someone because of their protected characteristics, because the employee asserted their legal rights, or because the termination violates public policy or an employment agreement.

What evidence helps prove a wrongful termination claim?

Useful evidence can include emails, performance reviews, text messages, internal chat logs, witness statements, HR reports, and documentation showing changes in treatment before the firing. The timing of events is also important, especially if the termination occurred soon after you engaged in a protected activity.

How long do I have to file a wrongful termination claim in California?

Deadlines depend on the type of claim. Many discrimination and retaliation claims require filing an administrative complaint with the California Civil Rights Department (CRD) or the federal EEOC before you can sue. Other claims, such as breach of contract or violations of public policy, have different time limits. Because deadlines vary, speaking with an attorney early is important.

Can independent contractors bring wrongful termination claims?

Usually, wrongful termination protections apply to employees, not independent contractors. However, many workers in San Diego are misclassified. If you were treated like an employee, you may still qualify for legal protections and compensation. An attorney can help determine your correct classification.

What damages can I recover in a wrongful termination case?

Compensation may include lost wages, lost benefits, future earnings, and emotional distress. In cases involving intentional or egregious conduct, punitive damages may also be available. The amount depends on the strength of your evidence and the impact the termination had on your life and career.

Do I need to file a complaint with CRD or EEOC first?

For many discrimination and retaliation claims, yes. These agencies issue a right-to-sue notice that is required before filing a lawsuit. Your attorney can prepare and submit this filing on your behalf to preserve your rights.

How long does a wrongful termination case take?

Timelines vary widely. Some cases resolve within a few months, while others involving complex evidence or multiple claims may take longer. Preparing a strong case early often leads to faster and more favorable outcomes.

How much does a wrongful termination lawyer cost?

At Gomez Trial Attorneys, you pay no upfront fees. We work on a contingency fee basis, which means we are only paid if we win compensation for you.