What is Wrongful Termination?

Losing your job is always stressful. It can feel sudden and unfair, leaving you to wonder whether your rights were violated, especially if something about the termination felt illegal. At The Gould Firm, we understand how overwhelming this experience can be, and we want you to know you're not alone. 

Many employees come to us unsure whether their firing was lawful, only to learn that they do, in fact, have a case. Attorney Evan Gould frequently sees cases where employers crossed legal lines, counting on confusion or silence from their employees to avoid accountability. Our mission is to help you understand when a termination becomes wrongful under California law and to guide you through how we can help protect your rights. 

In California, most jobs are “at-will,” meaning either the employer or the employee can end the relationship at any time, with or without cause. However, there are important exceptions. A firing becomes wrongful when it violates public policy, anti-discrimination laws, employment contracts (expressed or implied), retaliation protections, or other legal safeguards. When that happens, you may have the right to seek compensation. We’re here to help you recognize the signs of wrongful termination and understand the legal protections available to you. 

What Counts as Wrongful Termination in California? 

California’s "at-will employment" doctrine is not absolute. Terminations become wrongful when they violate laws, public policy, contractual promises, or protected activities. Here are some common examples of wrongful termination we often see in California:   

1. Discrimination-Based Termination 

If you are fired because of a protected characteristic, such as your race, color, religion, sex, gender identity or expression, sexual orientation, national origin, age (40 or older), disability, medical condition, or pregnancy, your termination may violate the California Fair Employment and Housing Act (FEHA). This state law provides broad protections against discrimination, harassment, and retaliation in the workplace. You can learn more about FEHA here. 

Under federal law, similar protections exist through Title VII of the Civil Rights Act of 1964, which prohibits employers from firing (or otherwise discriminating against) employees based on the same protected characteristics. 

What this can look like in the workplace: 

• You are doing your job satisfactorily, but you are dismissed after disclosing a disability or requesting accommodation. 
• You are treated differently compared to coworkers without protected traits. 
• You hear comments about age, disability, or other protected statuses before termination. 

If you suspect your firing was rooted in discrimination, here are some common warning signs that may indicate your termination was based on a protected characteristic rather than legitimate performance or business reasons. Here are some red flags to watch for: 

• No performance warnings were issued, but the termination was sudden. 
• Inconsistent justifications or shifting reasons. 
• Employer records referencing a protected trait. 

2. Retaliation for Protected Activity 

It is illegal for an employer to fire you in retaliation for exercising rights protected by law, such as: 

• Reporting harassment or discrimination 
• Filing a complaint with a governmental body such as the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC) 
• Requesting or taking leave under the Family and Medical Leave Act (FMLA)  or California Family Rights Act (CFRA) 
• Reporting safety violations to the Occupational Safety and Health Administration (OSHA)   
• Filing wage, hour, or whistleblower claims 
• Participating in an internal investigation 

Under Labor Code § 1102.5, California protects employees who report illegal conduct or refuse to engage in wrongdoing.   

Here are some examples of what retaliation can look like in the workplace: 

• You report safety hazards to OSHA, and shortly thereafter, you’re terminated. 
• You complain about illegal pay practices, only to be dismissed. 
• You file a discrimination claim internally, and your employment ends soon after. 

If any of this feels familiar, don’t wait. Reach out to The Gould Firm today. You may have experienced an unlawful retaliatory termination, and we're here to help you understand your rights and what steps you can take next. 

3. Violation of Public Policy / Refusal to Perform Illegal Acts 

When termination occurs for refusing to break the law or for doing something the law protects, it may violate public policy. In California, this is known as a public policy exception to at-will employment. 

What this can look like in the workplace: 

• You refuse to commit fraud or engage in illegal conduct, and as a result, you are fired. 
• Your employment is terminated for taking time off to serve on a jury or to vote. 
• You are fired after exercising a legal right, such as filing a workers’ compensation claim. 
• You report a criminal violation or safety issue to authorities and are dismissed in retaliation. 

California courts recognize this exception under the public policy exception to at-will employment law when: 

• You engaged in a legally protected activity or refused to violate the law; 
• Your termination was directly connected to that activity or refusal, and 
• You suffered harm as a result. 

If you believe your firing was tied to doing the right thing, or simply exercising your rights, The Gould Firm can help you determine whether public policy protections apply. 

4. Breach of Express or Implied Contract 

If you had an employment contract that specified conditions for termination, firing you contrary to that contract may be wrongful. Even in the absence of a formal agreement, an implied contract may arise from employer practices, handbook provisions, or verbal promises.   

Here are some common examples we see involving breach of contracts: 

• Your employee handbook states that termination is only possible “for cause,” yet you're let go without any explanation. 
• A supervisor or manager verbally assured you of job security or long-term employment. 
• You signed a written contract that required specific steps (like progressive discipline) before termination, and those steps were skipped. 

5. Violation of the Implied Covenant of Good Faith and Fair Dealing 

Even if no contract exists, California law sometimes imposes a duty on employers not to behave dishonestly or unfairly in firing decisions. For example, firing just before pension vesting, or terminating to deprive benefits, may violate this implied covenant. 

What it can look like: 

• You’re terminated just before you earn a benefit or bonus you were due. 
• The employer changes policies or excuses to avoid paying obligations. 

6. Constructive Discharge 

You might feel forced to resign due to intolerable working conditions, such as harassment, discrimination, demotion, or punitive changes by your employer. If a reasonable person feels compelled to leave, and you resign, that may be treated as a wrongful termination. At The Gould Firm, we don’t take these bullying tactics lightly. Employers should not be allowed to pressure you out of your job through intimidation or retaliation. We will stand up to unlawful treatment and fight to hold your employer accountable, seeking the justice and compensation you deserve. 

Legal Protections Against Wrongful Termination in California and Under Federal Law 

Several state and federal laws protect employees from unlawful termination. Below are some of the key statutes: 

California Labor Code § 2922  

California presumes employment is at-will, meaning either party can terminate the relationship at any time. However, this presumption has essential exceptions, such as when termination violates public policy, contracts, or anti-discrimination laws. 

Fair Employment and Housing Act (FEHA) 

California’s FEHA prohibits discrimination, harassment, and retaliation based on protected characteristics, including race, sex, disability, age, sexual orientation, gender identity, and more. 

Federal Civil Rights Laws 

Several federal laws provide parallel protections: 

• Title VII: Prohibits discrimination based on race, color, religion, sex (including pregnancy and gender identity), and national origin. 
• Americans with Disabilities Act (ADA): Protects individuals with disabilities from discrimination. 
• Age Discrimination in Employment Act (ADEA): Protects workers aged 40 and over from age-based discrimination. 

Labor Code Protections 

Labor Code § 1102.5 protects whistleblowers. Other provisions protect rights to unpaid wages, meal breaks, leave, and other benefits. 

How The Gould Firm Advocates for You 

At The Gould Firm, we take a comprehensive and strategic approach to advocating for your rights. We begin with a thorough evaluation of your case, carefully reviewing your termination circumstances, employment documents, and company policies to identify any legal violations. Whenever possible, we seek to resolve disputes through demand letters and negotiations. Our goal is to secure fair compensation or reinstatement without the need for litigation. If necessary, we handle administrative claims with agencies like the EEOC or California Civil Rights Department and represent you during mediation. When a case proceeds to court, we manage all aspects of litigation, including discovery, depositions, and trial advocacy. Throughout the process, we maintain open communication, listen closely to your concerns, and prioritize your goals. Best of all, we work on a contingency fee basis, meaning you owe us nothing unless we win your case. 

Our firm stands out by combining legal expertise with empathy, effective communication, meticulous attention to detail, and a proven reputation for results. Workers come to us when they need someone who knows the law and cares about their dignity, future, and rights. 

How to Know Whether You’ve Been Wrongfully Terminated 

You can use this checklist as a guide to understand if your termination was wrongful, but remember, only a full legal consultation with our team can confirm whether you have a valid claim.  

Here are some guidelines to determine if you may have a case: 

• Were you fired without prior warnings or performance evaluations? 
• Was the termination shortly after you complained about discrimination, safety issues, or wrongful acts? 
• Did the employer cite shifting or vague reasons for termination? 
• Are you part of a protected class (age, disability, gender, etc.)? 
• Did you request protected leave or accommodation before termination? 
• Did your employer violate its own policies or handbook? 
• Are conditions suddenly made unbearable to force you to resign? 
• Were you denied the opportunity to respond or appeal before termination? 

If you answer “yes” to one or more, you should speak with our team to discuss in further detail, because the chances are you have a legal claim. Even if you are unsure, The Gould Firm offers free consultations to help you understand your options and assess whether to pursue a claim. Reach out through our online contact form to schedule yours today. 

What You Can Recover in a Wrongful Termination Claim 

If your claim is successful in proving wrongful termination, you may be able to recover one or more of the following: 

• Back pay: Wages, salary, benefits, and bonuses you lost from the time of termination until resolution. 
• Front pay: Compensation for future earnings lost if reinstatement is not feasible. 
• Reinstatement: Return to your job, in some cases.   
• Emotional distress: Damages for mental anguish, anxiety, depression resulting from wrongful termination.   
• Punitive damages: In rare cases, employer conduct is especially malicious or oppressive. 
• Attorney’s fees and costs: In many wrongful termination statutes, the prevailing employee may recover legal fees. 
• Other compensatory damages: Harm to reputation, loss of future opportunities, etc. 

At The Gould Firm, we fight to ensure you receive full, fair compensation, not just a token amount, even if the employer hopes you will settle quickly for less. 

Act Now: Protect Your Rights 

Wrongful termination can feel like a profound injustice, but you don’t have to accept it quietly. If you believe your firing was unlawful, The Gould Firm is here to help you take action. 

Contact us today for a free consultation. We will carefully listen to your story and review your employment documents, including the termination notice, performance history, and relevant communications. Then, we’ll help you understand whether you have a strong claim and explain your legal options, possible remedies, and next steps in plain, straightforward language you understand. 

What sets us apart is our combination of expert knowledge of California employment law and compassionate advocacy. Employers often take advantage of employees ' unawareness of their rights. We level the playing field and fight for full compensation, rather than just minimal settlements. 

Time is critical. Legal deadlines may apply, so delaying could jeopardize your case. Fill out our online contact form today to get started in your legal journey. We are here to protect your rights.