A Los Angeles employee complains that she has not been paid overtime. Three weeks later, she is fired for “poor attitude.”
Another worker takes protected medical leave. When he is ready to return, the company tells him his position was eliminated, but posts an opening for essentially the same job a few days later.
A third employee reports that a supervisor is falsifying safety records. Management says it will investigate. The employee is terminated soon afterward for a policy violation that had never previously resulted in discipline.
Each employer may have an explanation.
The question is whether that explanation holds up.
California is generally an at-will employment state. Labor Code section 2922 allows employment without a specified term to be terminated by either party. But at-will employment does not give employers permission to fire workers for reasons prohibited by law.
If you were recently fired and something about the timing or explanation seems wrong, look closely at what happened before the termination. A wrongful termination lawyer in Los Angeles will usually want to know much more than the reason written on your final paperwork.
What Is Wrongful Termination in California?
Wrongful termination does not simply mean that your employer treated you unfairly.
Your boss can make a bad business decision. A company can fire a good employee. An employer may even terminate someone for a reason that seems petty or unreasonable.
The firing becomes a potential legal claim when the reason violates a statute, public policy, employment agreement, or another recognized legal protection.
Common wrongful termination claims involve allegations that an employee was fired because the employee:
- Reported discrimination or harassment
- Requested a disability accommodation
- Took protected medical or family leave
- Complained about unpaid wages or overtime
- Reported suspected illegal conduct
- Raised workplace safety concerns
- Refused to participate in unlawful activity
- Exercised another protected workplace right
California courts also recognize wrongful termination claims based on violations of fundamental public policy. The California Courts’ employment resources identify wrongful termination as one of several employment claims workers may bring when they are fired unlawfully.
The legal theory depends on why you were fired.
That is where the timeline becomes important.
Sign #1: You Were Fired Soon After Reporting Discrimination or Harassment
An employee complains to human resources that her supervisor has been making racist comments.
Management says it will investigate.
Two weeks later, the same supervisor writes her up for poor communication. A month later, she is terminated.
That sequence should get attention.
California’s Fair Employment and Housing Act, or FEHA, prohibits covered employers from retaliating against workers for opposing discrimination prohibited by the law or participating in protected proceedings. FEHA also prohibits discrimination based on protected characteristics such as race, sex, disability, pregnancy, age, religion, national origin, gender identity, and sexual orientation.
Retaliation does not have to happen immediately to be unlawful. But close timing between a protected complaint and a termination can become relevant evidence.
Look beyond the dates. Ask:
- Who made the termination decision?
- Did that person know about your complaint?
- Had your performance been criticized before?
- Did the company follow its normal disciplinary process?
- Did the employer suddenly begin documenting minor problems?
- Were other employees treated differently for similar conduct?
An employer may have a legitimate reason for firing someone after a discrimination complaint.
The complaint does not give an employee immunity from discipline.
But an employer cannot manufacture a reason to terminate someone because that person exercised a protected right.
Sign #2: Your Performance Problems Appeared Suddenly
You receive strong performance evaluations for five years.
Then you request medical leave, report harassment, complain about wages, or disclose a disability.
Within weeks, your employer decides your work has become unacceptable.
That does not automatically mean the performance criticism is false.
It does mean the earlier record deserves attention.
A sudden change in how an employee is evaluated can be important when the change closely follows protected activity. Compare:
- Previous reviews
- Bonuses and raises
- Written praise
- Productivity numbers
- Customer feedback
- Earlier disciplinary history
- New write-ups
- Performance improvement plans
Pay attention to the language as well.
A specific criticism supported by records is different from vague statements that you are suddenly “not a fit,” “not committed,” “negative,” or “difficult to work with.”
Those descriptions can be legitimate.
They can also be difficult for an employer to substantiate.
Do not assume a performance improvement plan proves poor performance simply because human resources placed it in your personnel file.
Ask what changed and when.
Sign #3: The Employer Keeps Changing Its Explanation
On Monday, your supervisor tells you the company eliminated your position.
On Wednesday, human resources says the termination was based on performance.
Your termination letter then refers to restructuring.
Three different explanations do not prove wrongful termination. They do create an obvious question: what was the actual reason?
Changing explanations may become especially significant when the employer’s stated reason conflicts with documents.
Suppose the company says your job disappeared because of a reduction in force, but another employee takes over your duties immediately.
Or the employer claims your performance was poor, but your most recent review says you exceeded expectations.
An employer is allowed to have multiple reasons for a decision. Those reasons should still make sense together. When they do not, preserve every version.
Sign #4: You Were Fired After Requesting a Disability Accommodation
An employee develops a medical condition and asks to work a modified schedule for six weeks.
The company does not discuss alternatives. Instead, management says the position requires “full availability” and terminates the employee.
That may create several legal issues.
FEHA generally requires covered employers to provide reasonable accommodations to qualified employees with disabilities unless doing so would create an undue hardship. It also requires employers to participate in a timely, good-faith interactive process to identify possible accommodations.
Depending on the job and circumstances, accommodations can include changes to schedules or duties, leave, equipment modifications, or reassignment to an available position.
The employer does not necessarily have to provide the exact accommodation an employee requests.
It should not skip the discussion and move directly to termination.
If you were fired after requesting an accommodation, preserve:
- Your written request
- Doctor’s notes or work restrictions
- Emails with human resources
- Alternative accommodations you discussed
- The employer’s responses
- Your job description
- The termination notice
The sequence may support claims for disability discrimination, failure to accommodate, failure to engage in the interactive process, retaliation, or wrongful termination, depending on the facts.
Sign #5: You Were Terminated While Taking or Returning From Protected Leave
An employee takes approved leave to care for a seriously ill parent.
A week before the scheduled return date, the employer says the department has been reorganized and there is no longer a position available.
Sometimes reorganizations are real. Sometimes the timing deserves scrutiny.
The California Family Rights Act provides eligible employees of covered employers with job-protected leave for qualifying reasons, including an employee’s own serious health condition, caring for certain family members, and bonding with a new child. CRD states that CFRA applies to employers with five or more employees, although employees must meet additional eligibility requirements.
California also provides separate pregnancy disability leave protections for qualifying employees.
Protected leave does not prevent a genuine termination that would have happened anyway.
A company may still conduct a legitimate layoff or terminate an employee for unrelated misconduct.
The issue is whether the leave caused or contributed to the decision.
Look for evidence such as:
- Complaints about the inconvenience of your leave
- Pressure to return early
- Questions about whether you are still committed to the job
- Replacement hiring during your leave
- Duties transferred permanently while you were away
- A termination decision made shortly after your leave request
- A position supposedly eliminated but quickly refilled
Again, timing is not everything.
But do not ignore it.
Sign #6: You Were Fired After Complaining About Wages or Overtime
An employee tells payroll that several hours are missing from a paycheck.
The employee follows up repeatedly.
A manager then warns that the employee is “creating problems.” Soon afterward, the employee is terminated.
California law specifically protects employees from retaliation for exercising certain rights enforced by the Labor Commissioner, including making written or oral complaints about unpaid wages. Labor Code section 98.6 prohibits discharge and other adverse action for protected conduct and provides remedies that can include reinstatement and reimbursement for lost wages and benefits.
The statute also creates a rebuttable presumption in favor of an employee’s retaliation claim when an employer takes prohibited action within 90 days of specified protected activity.
That does not mean every termination within 90 days is automatically illegal.
It does mean California law takes the timing seriously.
Wage-related protected activity may include complaints involving:
- Unpaid wages
- Overtime
- Meal or rest period rights
- Certain Labor Commissioner claims
- Other rights protected by the Labor Code
The California Labor Commissioner investigates workplace retaliation complaints involving termination, suspension, demotion, reduced pay or hours, and other adverse actions.
If a wage complaint was followed by discipline or termination, save the complaint and everything that happened afterward.
Sign #7: You Reported Illegal Conduct and Were Fired
Your employer asks you to alter financial records.
You refuse and report the issue to a senior manager.
Two weeks later, you are terminated for “lack of alignment.”
California whistleblower law may apply.
Labor Code section 1102.5 protects employees in several circumstances when they disclose information they reasonably believe shows a violation of a state or federal statute or a violation or noncompliance with a local, state, or federal rule or regulation. The protection can apply to disclosures made to government agencies as well as certain internal reports to people with authority to investigate or correct the problem.
That internal-reporting protection is important.
You do not necessarily need to call a government agency before California whistleblower law can become relevant.
Protected reports may involve issues such as:
- Fraud
- Safety violations
- Regulatory violations
- Illegal billing practices
- Wage violations
- Falsification of records
- Other suspected violations of law
The employee needs more than a general disagreement with management.
The facts surrounding what was reported and why the employee believed it was unlawful matter.
Preserve the original report if possible.
Your memory of saying “I raised concerns” is much less useful than an email showing exactly what you reported and when.
Sign #8: You Were Fired for Exercising Another Protected Right
California workers have protections that extend beyond discrimination, leave, wages, and whistleblowing.
For example, California law protects employees in certain circumstances when they take time off for jury service or comply with a subpoena or court order. Current law also contains protections involving qualifying victims of crime or abuse.
Other Labor Code provisions protect employees from retaliation for exercising specific workplace rights. The Labor Commissioner says its retaliation unit enforces more than 45 laws prohibiting workplace retaliation or discrimination.
This is one reason “I was an at-will employee” does not end the analysis.
The first question is not simply whether the employer had the contractual ability to fire you.
It is whether the employer fired you for a legally prohibited reason.
Sign #9: Other Employees Were Treated Differently
Your employer says you were fired for violating the attendance policy.
Three coworkers violated the same policy and kept their jobs.
That comparison could matter.
It becomes stronger when those employees were genuinely similarly situated. Consider whether they had:
- The same supervisor
- Similar positions
- Similar attendance histories
- Similar disciplinary records
- Similar violations
- Similar levels of responsibility
Do not stretch the comparison.
A coworker who had a different supervisor, different job, and different disciplinary history may not tell you much.
But when the facts line up closely, unequal treatment can undermine the employer’s stated reason.
This is particularly relevant in discrimination cases.
Sign #10: The Company Broke Its Own Rules to Fire You
An employee handbook requires progressive discipline.
Employees typically receive a verbal warning, written warning, and final warning before termination.
You receive none of them.
You complain about sexual harassment on Friday and are fired the next Wednesday for an issue that normally results in coaching.
An employer’s failure to follow its own procedures does not automatically make a termination illegal.
It may still be useful evidence.
Ask whether:
- The employer skipped required review steps
- Human resources was excluded from the process
- Policies were applied differently to you
- The company failed to investigate your complaint
- A decision-maker ignored normal approval procedures
- Documents were created after the decision had apparently already been made
Procedural irregularities become more important when they appear alongside other evidence of discrimination or retaliation.
What Should You Do After a Suspected Wrongful Termination?
Do not spend the first week sending angry emails to everyone at the company. Start with the record.
Create a timeline of the events leading to your termination. Include protected complaints, accommodation requests, leave, performance reviews, disciplinary actions, meetings, and the explanations management gave you.
Preserve documents you can lawfully keep, including:
- Employment agreements
- Offer letters
- Employee handbooks
- Performance evaluations
- Complaints to management or HR
- Accommodation requests
- Leave records
- Relevant emails and texts
- Disciplinary notices
- Pay records
- Termination paperwork
- Severance agreements
Do not delete unfavorable evidence. Do not alter screenshots. Do not remove confidential company materials you have no right to possess.
And be careful about social media. A public post written while you are angry can become evidence later.
Should You Sign a Severance Agreement?
Not immediately. A severance agreement may provide valuable compensation. It may also require you to release potential employment claims.
If the circumstances surrounding your termination raise questions about discrimination, retaliation, leave, wages, whistleblowing, or another protected right, have the agreement reviewed before signing when possible.
Pay attention to:
- The amount offered
- The claims being released
- Confidentiality provisions
- Non-disparagement provisions
- Cooperation requirements
- Return-of-property clauses
- Deadlines
- Revocation rights, when applicable
Do not assume the severance amount represents what your potential legal claim is worth. It represents what the employer offered. Those are different questions.
How Long Do You Have to File a Wrongful Termination Claim?
There is no single filing deadline for every California wrongful termination case.
The deadline depends on the legal theory.
A discrimination or retaliation claim under FEHA may require filing with the California Civil Rights Department before a lawsuit can proceed. CRD generally requires an employment intake within three years of the alleged discriminatory or retaliatory act.
Labor Commissioner retaliation claims follow separate procedures and deadlines that vary by statute. The agency specifically warns employees to identify the law involved when filing a retaliation complaint.
Other wrongful termination claims may follow different statutes of limitation.
Do not pick a deadline from a search result and assume it applies to your case.
Identify the legal basis for the termination first.
When Should You Contact a Wrongful Termination Lawyer in Los Angeles?
Consider speaking with an attorney promptly if:
- You were fired shortly after reporting discrimination or harassment.
- You were terminated after requesting an accommodation.
- You lost your job during or soon after protected leave.
- You complained about unpaid wages or overtime.
- You reported conduct you reasonably believed was illegal.
- Your employer’s explanation for the firing keeps changing.
- Your performance history changed suddenly after protected activity.
- Similar employees were treated more favorably.
- You received a severance agreement.
- You are unsure which filing deadline applies.
Bring the attorney a focused set of facts.
A chronological timeline is especially useful. So are your recent reviews, written complaints, disciplinary documents, leave or accommodation requests, termination paperwork, and severance agreement.
A good wrongful termination lawyer should test your theory rather than simply confirm it.
There may be facts that support the employer.
Those need to be considered too.
Contact Rapaport Law Firm About a Potential Wrongful Termination
Being fired unfairly and being fired unlawfully are not always the same thing.
The distinction often comes down to what happened before the termination.
Look at the timing. Look at what you reported or requested. Compare the employer’s explanation with your actual employment record. Pay attention when the story changes, normal procedures disappear, or discipline begins only after you exercise a protected right.
Your employer gets to explain why it fired you. That explanation does not automatically end the inquiry.
If you believe you were terminated because you reported discrimination, requested an accommodation, took protected leave, complained about wages, reported unlawful conduct, or exercised another protected workplace right, contact Rapaport Law Firm to discuss your situation with a wrongful termination lawyer in Los Angeles.
This article provides general information about California employment law and does not constitute legal advice. Employment rights and filing deadlines depend on the specific facts and legal claims involved.
