What is Considered Wrongful Termination?

March 28, 2023

What is Considered Wrongful Termination?

Most people will experience a job termination at some point in their life. The company may downsize or they get laid off, or they are “let go” for some other reason, one that is not legal.


The question then becomes how do you know what wrongful termination is? It sometimes takes some time and thought to decide if your termination from employment was on the up and up. This is one of the biggest reasons that you should have an employment attorney on your side.


We’ve put together a little guidance to help you determine wrongful and rightful termination. It does not take the place of a good lawyer, but it is a step in the right direction.

What is Wrongful Termination in The State of California?

When a worker is laid off or fired for a reason that is illegal or improper, it is called wrongful termination. Often, it is pretty straightforward and you know pretty quickly that there is something wrong with your termination. Other times, you may have no idea at all that your employer did something illegal and harmful to you.


The grounds for a wrongful termination claim are vast and varied. They depend greatly on circumstances.


Here are seven that are the most common grounds for filing a claim for wrongful termination:

  • Discrimination based on race, gender, disability, etc.
  • Reporting FEHA violations
  • The employer has WARN Act violations
  • Contract violations implied by the employer
  • Filing a claim for worker’s compensation
  • The employer has public policy violations
  • Whistleblower activities
  • Reporting a work injury


Keep in mind, there are many more grounds for wrongful termination and if you have been fired or laid off but it feels wrong or you suspect the termination was wrongful, talk to an employment law attorney right away.

What is Rightful Termination in California?

California is an “at-will” state, meaning that at any time the employer as well as the employee may choose to end the working relationship. They can do so without notice. This makes rightful termination fairly easy because as long it doesn’t fall under any of the grounds for wrongful termination of an employment claim, it is legally sound.


California protects workers from being terminated wrongfully. An employer can’t fire an employee for being a certain age or gender – or any number of other reasons. However, they can fire you if there is misconduct involved. They can fire you for not performing your job tasks or for missing too much work. But at the end of the day, under California law, they don’t have to give you a reason for why they fired you. They can just do it.

When is it time to Get an Attorney?

If you feel you have been fired unfairly in California and you feel it is due to discrimination or you were a whistleblower and you believe that a termination is a form of retaliation against you, then you may have a case for a wrongful termination claim.

If you suspect that you have been wrongfully terminated, then you need to hire an attorney. Don’t wait until you are far into the claim and you find that you are having trouble or you can’t get pertinent information or documentation.


Don’t wait until you absolutely, positively need an attorney for your claim, do it beforehand. Your attorney will help you navigate the sometimes complex process and help ensure that justice is done. They will protect your interests and fight to get you a favorable outcome.

If you have experienced wrongful termination for workplace retaliation in California – or any inappropriate matter, call the law firm that cares. Call us and get the justice that you deserve.


If you believe you were a victim of wrongful termination or demotion, the Lawyers for Employee and Consumer Rights can help. Call us today for a free and confidential consultation to get the help you need and deserve.


Share on Social Media

A person is using a calculator in front of a laptop computer.
By Oriana Iraneta April 26, 2025
Talking about how much you earn can feel taboo—but in California, it’s not only your right, it’s protected by law. Still, many workers wonder: Can I get in trouble for discussing my pay with coworkers? The short answer is no—but let’s break down your rights and what you can do if your employer crosses the line.
A woman is sitting next to a yellow box filled with her belongings.
By Oriana Iraneta April 25, 2025
Losing your job can be a daunting experience, especially amid California's evolving job market. Recent layoffs across various sectors, including biotech and retail, have left many employees seeking clarity on their rights and what to do next. If you've been laid off, it’s crucial that you understand your legal protections and options. 1. Understand Your Rights Under the California WARN Act The California Worker Adjustment and Retraining Notification (WARN) Act requires employers with 75 or more employees to provide at least 60-days’ advance notice before conducting mass layoffs , relocations, or plant closures. Failure to comply can result in penalties, including back-pay and the value of lost benefits for each affected employee. 2. Review Your Final Paycheck and Benefits Under California law, laid-off employees must receive their final paycheck, including any unused, accrued vacation pay, on their last day of work. While employers typically do not have to pay out unused sick leave unless a policy or contract says otherwise, they must inform you about your options for continuing health insurance coverage, such as COBRA or Cal-COBRA, if applicable. 3. Evaluate Severance Agreements Carefully Severance packages are not required by law, but some employers offer them voluntarily. These agreements often include financial compensation in exchange for your agreement to waive certain rights, such as the ability to file a lawsuit against the employer. Before signing anything, it's wise to consult with an employment attorney to ensure the terms are fair and that you're not forfeiting your rights to pursue any valid legal claims. 4. Apply for Unemployment Benefits Promptly You may be eligible for unemployment benefits through California's Employment Development Department (EDD). The EDD offers temporary financial assistance while you search for new employment. Ensure you meet the eligibility criteria and apply as soon as possible to avoid delays in receiving unemployment payments. 5. Consider Potential Legal Claims Even though California is an at-will employment state, employers cannot terminate employees for illegal reasons, such as discrimination based on age, race, gender, retaliation for whistleblowing, or taking protected leave. If you suspect your layoff was unlawful, document any relevant incidents and consult with an employment attorney to explore potential claims. 6. Stay Informed About the Job Market California’s job market is shifting, with mass layoffs reported in industries like biotech and retail. Staying informed about job market trends can help you identify opportunities in growing sectors and tailor your job search effectively. 7. Seek Legal Guidance Navigating a layoff can be overwhelming. An experienced employment attorney can provide clarity on your rights, identify potential claims, and provide personalized advice during this transition. Being laid off is never easy but understanding your rights and taking proactive steps can help you navigate this period effectively. Stay informed, seek support, and remember that legal resources are available to assist you. If you've recently been laid off, don’t navigate this alone. Contact Lawyers for Employee and Consumer Rights today for a free consultation with an experienced employment lawyer. We'll review your case and guide you through your legal options.
A woman is sitting at a table using a laptop computer.
By Oriana Iraneta April 17, 2025
Learn how the Freelance Worker Protection Act protects California freelancers. Talk to an employment lawyer if your client breaks the law.
More Posts