Wrongful Termination Law in California
This page covers wrongful termination law as it applies in California — the state and federal laws that govern it, filing deadlines, where to get help, and notable in-state decisions. For what wrongful termination protects generally, see the national overview.
Compiled from primary legal sourcesNot legal adviceHow we source this
Quick answer
California is an at-will employment state, but the law prohibits firing an employee because of race, sex, age, disability, religion, national origin, or other protected characteristics, or in retaliation for reporting violations of law, filing a workers' compensation claim, or taking protected family or medical leave. If you believe your termination was unlawful, preserve any emails, letters, and workplace records right away. Deadlines to file an administrative complaint or a lawsuit can be as short as one year from the date you were fired, so acting quickly is essential.
Laws that govern wrongful termination in California
California state law
- California Fair Employment and Housing ActCal. Gov. Code §§ 12900–12996
The primary state law prohibiting employment discrimination and retaliation based on protected characteristics such as race, sex, age, disability, and religion; applies to employers with five or more employees and requires an administrative complaint with the Civil Rights Department before a civil lawsuit can be filed.
- California Whistleblower Protection LawCal. Lab. Code § 1102.5
Prohibits employers from retaliating against employees who disclose suspected violations of state or federal law to a government agency or who refuse to participate in unlawful activity.
- Workers' Compensation Anti-Retaliation StatuteCal. Lab. Code § 132a
Makes it a misdemeanor for an employer to discharge or discriminate against an employee because the employee filed or intended to file a workers' compensation claim, or testified in a workers' compensation proceeding.
- California Worker Adjustment and Retraining Notification ActCal. Lab. Code §§ 1400–1408
Requires employers with 75 or more employees to give at least 60 days' written notice before a mass layoff, plant closing, or major relocation affecting 50 or more workers.
- California Family Rights ActCal. Gov. Code § 12945.2
Prohibits employers with five or more employees from retaliating against or discharging employees for taking protected leave for qualifying family or medical reasons.
Federal law
- Title 29 — Labor
The U.S. Code title that houses these federal statutes.
- Title VII of the Civil Rights Act of 1964
Prohibits employment discrimination based on race, color, religion, sex, and national origin. Codified at 42 U.S.C. §§ 2000e et seq.
- Family and Medical Leave Act of 1993
Federal law allowing eligible employees of covered employers up to 12 weeks of unpaid leave for specified family and medical reasons. Codified at 29 U.S.C. §§ 2601 et seq.
- Americans with Disabilities Act of 1990
Civil-rights law prohibiting discrimination based on disability in employment, public services, public accommodations, and telecommunications. Codified at 42 U.S.C. §§ 12101 et …
- Worker Adjustment and Retraining Notification Act
Requires employers with 100+ employees to give 60 days’ advance notice of plant closings and mass layoffs. Codified at 29 U.S.C. §§ 2101–2109.
California-specific deadlines for wrongful termination cases
Enter the date your problem happened to see which deadlines may already have passed. Not every deadline applies to every situation — this is a general estimate, not legal advice. Deadlines can be shorter, paused, or extended.
- File a discrimination or retaliation complaint with the California Civil Rights Department: 3 years
You must file a verified complaint with the California Civil Rights Department within three years of the unlawful act before you can file a discrimination or retaliation lawsuit in court under the Fair Employment and Housing Act. Filing an intake form with the department satisfies this requirement.
Cal. Gov. Code § 12960
- File a civil lawsuit after receiving a Civil Rights Department right-to-sue notice: 1 year
Once the California Civil Rights Department issues a right-to-sue notice, you have one year to file a civil lawsuit in California Superior Court on your Fair Employment and Housing Act claim.
Cal. Gov. Code § 12965
- File a charge with the U.S. Equal Employment Opportunity Commission for federal claims: 300 days
Because California has its own civil rights enforcement agency, employees have 300 days — not the standard 180 days — from the discriminatory act to file a charge with the U.S. Equal Employment Opportunity Commission for claims under federal laws such as Title VII of the Civil Rights Act of 1964 or the Americans with Disabilities Act.
42 U.S.C. § 2000e-5(e)(1)
- File a wrongful termination lawsuit for violation of public policy (Tameny claim): 2 years
Wrongful termination claims based on a violation of public policy are treated as personal-injury tort claims and must be filed in civil court within two years of the termination date; no administrative filing with a government agency is required first.
Cal. Code Civ. Proc. § 335.1
- File a workers' compensation retaliation petition: 1 year
A petition alleging retaliation for filing a workers' compensation claim must be filed with the Workers' Compensation Appeals Board within one year of the discriminatory act or the date of termination.
Cal. Lab. Code § 132a
- File a whistleblower retaliation complaint with the California Labor Commissioner: 2 years
Employees who believe they were fired for reporting a suspected violation of law to a government agency may file a retaliation complaint with the California Labor Commissioner's Office within two years of the retaliatory act.
Cal. Lab. Code § 1102.5
These deadlines are general estimates. They can be shorter than they appear, and can be paused (“tolled”) or extended in specific situations. This is not legal advice. If any deadline is near or has passed, talk to a lawyer right away.
Where to go & how to get help
Government agencies and non-profit legal-help organizations for wrongful termination in California.
The state agency responsible for investigating and resolving complaints of employment discrimination, harassment, and retaliation under the Fair Employment and Housing Act; a complaint here is required before filing a Fair Employment and Housing Act lawsuit in court.
The federal agency that enforces Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal anti-discrimination laws; Texas employees are served primarily through the Houston District Office.
The federal agency that enforces Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; Ohio residents have 300 days from a discriminatory act to file a charge.
Primary federal agency for filing employment discrimination charges; handles claims by private-sector employees in Georgia under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act of 1967, and related laws.
Federal agency enforcing Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; Michigan employees have 300 days to file a charge.
The federal agency that enforces Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and other federal anti-discrimination employment laws; California employees may file a charge within 300 days of the discriminatory act.
Enforces federal employment discrimination laws including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; Florida workers can dual-file charges with both the Equal Employment Opportunity Commission and the Florida Commission on Human Relations.
Federal agency that investigates charges of employment discrimination under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and related federal laws; filing a charge is required before suing in federal court.
The federal agency that enforces Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal anti-discrimination laws; accepts charges from Pennsylvania workers within 300 days of a discriminatory act.
The federal agency that enforces Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal anti-discrimination laws for Illinois workers.
Investigates employment discrimination charges under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal laws; file a charge here first if you were terminated because of a protected characteristic such as race, sex, religion, national origin, age, or disability.
The federal agency enforcing Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; New Jersey workers have 300 days to file a charge, which is required before bringing a federal lawsuit.
Accepts federal employment discrimination charges under Title VII, the Americans with Disabilities Act, and the Age Discrimination in Employment Act for workers in Virginia.
Investigates retaliation and discrimination complaints under the California Labor Code, including whistleblower retaliation claims under section 1102.5; accepts complaint forms in person or by mail at regional offices throughout the state.
Federal agency that investigates charges of employment discrimination under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal employment laws; Washington residents have 300 days to file a charge.
- State Bar of California Lawyer Referral Servicebar referral
Connects the public with certified employment attorneys who are in good standing with the State Bar and typically offer an initial consultation at a reduced or no cost.
Official U.S. government starting point for finding free or low-cost legal help and legal-aid programs near you.
Locate the LSC-funded legal-aid organization that serves your county for civil (non-criminal) legal problems.
Find your state or local bar association lawyer-referral service and free legal-answer programs.
Find your state attorney general to file consumer-protection, civil-rights, or other complaints.
How to take action in California
- 1
Preserve all employment records
Save any emails, performance reviews, termination letters, pay stubs, and employee handbooks you can access. Evidence of the employer's stated reasons for the firing — and any communications that contradict those reasons — will be important to your case.
- 2
Identify which law protects your situation
Different claims follow different rules: discrimination and retaliation claims under the state Fair Employment and Housing Act must go through the California Civil Rights Department first, while some claims — such as firing someone in violation of public policy — can be filed directly in court.
- 3
File an administrative complaint if required
For Fair Employment and Housing Act claims, you must file a verified complaint with the California Civil Rights Department within three years of the unlawful act before you can sue in state court. The department's online system lets you file and track your complaint.
- 4
Request a right-to-sue notice
After filing with the California Civil Rights Department, you can immediately request a right-to-sue notice rather than waiting for the department to finish its investigation. Once issued, you have one year to file a civil lawsuit.
- 5
Consider filing a federal charge as well
If your claim also falls under federal law — such as Title VII of the Civil Rights Act of 1964 or the Americans with Disabilities Act — you can file a charge with the U.S. Equal Employment Opportunity Commission within 300 days of the discriminatory act; filing with either agency typically cross-files with the other.
- 6
Consult an employment attorney before deadlines expire
An employment attorney can identify which deadlines apply to your specific claim, evaluate your evidence, and advise whether to pursue administrative remedies, a court lawsuit, or both. Many employment attorneys handle wrongful termination cases on a contingency basis, so there may be no upfront cost.
A general roadmap, not legal advice — the right steps depend on your situation and deadlines.
Common questions about wrongful termination in California
Can my employer in California fire me without giving a reason?
Generally yes — California is an at-will employment state, so employers can end the employment relationship for any reason or no reason. However, they cannot fire you for an illegal reason, such as your race, sex, age, disability, sexual orientation, or national origin, or in retaliation for a protected activity like reporting workplace safety violations or filing a workers' compensation claim.
Can my employer fire me for any reason in California?
California follows the at-will employment doctrine, which generally allows an employer to end the employment relationship at any time for any reason or no reason at all. However, there are significant exceptions: an employer cannot fire you because of a protected characteristic such as race, sex, age, or disability, or in retaliation for engaging in legally protected activities such as reporting workplace safety violations, filing a workers' compensation claim, or taking protected medical leave.
What makes a termination 'wrongful' under California law?
A termination is wrongful when it violates a law, a contract, or a recognized public policy. California's FEHA, for example, prohibits firing someone because of protected characteristics including race, religion, gender, national origin, disability, sexual orientation, gender identity, and several others. Firing an employee for serving on jury duty, reporting illegal activity, or refusing to participate in unlawful conduct are also classic examples.
What is the Fair Employment and Housing Act, and does it apply to me?
The California Fair Employment and Housing Act, codified at Government Code sections 12900 through 12996, is the primary state law prohibiting employment discrimination and retaliation. It covers employers with five or more employees — a lower threshold than most comparable federal laws — and protects against termination based on race, sex, pregnancy, religion, national origin, disability, age, sexual orientation, gender identity, and other characteristics.
Does California give employees stronger protections than federal law?
Yes. The California Fair Employment and Housing Act covers more protected characteristics and applies to smaller employers than most federal anti-discrimination statutes. California also has its own family and medical leave law — the California Family Rights Act (CFRA) — which may provide broader protections than the federal Family and Medical Leave Act (FMLA). An attorney familiar with California employment law can explain how state and federal protections overlap in your situation.
What if I was fired for reporting my employer's illegal activity?
California Labor Code section 1102.5 prohibits employers from retaliating against employees who report suspected violations of federal or state law to a government agency or law enforcement, or who refuse to participate in an activity that would violate the law. Being fired for this type of reporting is called whistleblower retaliation. You may file a complaint with the California Labor Commissioner's Office or bring a civil lawsuit.
Do I have to file with a government agency before I can sue my employer?
For most discrimination and retaliation claims under the FEHA, yes — you must first file a complaint with the California Civil Rights Department and receive a right-to-sue notice before you can go to court. Skipping this step can forfeit your right to sue, so it is important to act before deadlines pass. Contract-based claims may not have the same agency requirement, but consulting an attorney is the safest way to confirm.
Can I be fired for filing a workers' compensation claim?
No. California Labor Code section 132a makes it unlawful — and a misdemeanor — for an employer to discharge, threaten, or discriminate against an employee because that employee filed or intended to file a workers' compensation claim, or testified in a workers' compensation case. A petition must be filed with the Workers' Compensation Appeals Board within one year of the discriminatory act.
What damages could I recover if my wrongful termination claim succeeds?
Potential remedies include back pay for wages lost after the firing, reinstatement to your position, compensation for emotional distress and other losses, and in some cases punitive damages when an employer's conduct was especially egregious. Attorney's fees may also be available under certain statutes. The specific remedies depend on the legal theory behind your claim and how the case resolves.
What is a Tameny claim?
A Tameny claim — named after the California Supreme Court decision in Tameny v. Atlantic Richfield Co. — is a lawsuit for wrongful termination in violation of public policy. It applies when an employer fires someone for a reason that violates a fundamental principle of California law, such as for serving on jury duty, for refusing to commit fraud, or for reporting a workplace safety hazard. These claims are filed directly in court and do not require an administrative filing with a government agency first.
What if I was fired after complaining about harassment or discrimination at work?
Firing an employee for complaining about harassment or discrimination — or for supporting a coworker who did — is retaliation, which is separately illegal under both California and federal law. You do not have to prove the underlying harassment was unlawful; you need to show that you engaged in a protected activity and that your employer responded by terminating you. Document the complaint you made, when you made it, and any changes in how you were treated afterward.
What damages can I recover if I win a wrongful termination case?
Depending on the type of claim, remedies may include lost wages and benefits from the termination date, damages for future lost earnings, compensation for emotional distress, and reinstatement to your job. In cases involving willful or malicious conduct, a court may also award punitive damages. Under the Fair Employment and Housing Act, a prevailing employee may also recover attorney fees and court costs.
What should I do if I signed an arbitration agreement with my employer?
Many California employers require workers to sign agreements that send legal disputes to private arbitration rather than court. California courts have limited the enforcement of some mandatory arbitration agreements in employment cases, but the rules in this area can be complex. An employment attorney can review your agreement and tell you whether arbitration is required in your case and what rights you still have.
Does the California WARN Act give me any rights before a mass layoff?
Yes. The California Worker Adjustment and Retraining Notification Act requires employers with 75 or more employees to give at least 60 days' written notice before ordering a mass layoff, plant closing, or major relocation affecting 50 or more workers. If an employer fails to provide that notice, affected employees may be entitled to back pay and benefits for each day the notice was short, in addition to any other wrongful termination remedies that may apply.
Not legal advice. State-specific statutes, deadlines and procedures are being sourced and will appear here.