Los Angeles Wrongful Termination Attorneys

What Is Wrongful Termination in California?

California Labor Code §2922 creates the general presumption that employment without a specified term is at will.

That means an employer can generally terminate an at-will employee for a lawful reason or without stating a reason.

The rule has important limits.

A firing may support legal action when it is based on unlawful discrimination, prohibited retaliation, protected whistleblowing, violation of an enforceable employment agreement, or a reason that contravenes a fundamental public policy reflected in constitutional or statutory law.

The absence of a stated reason does not prove that a termination was unlawful. Likewise, an employer's claim that the firing resulted from performance problems, restructuring, attendance, or downsizing does not automatically resolve the issue.

The relevant question is what actually motivated the employment decision and which legal protections apply.

Illegal Reasons for Terminating an Employee

Wrongful termination can arise under different legal theories. Those theories do not all use the same proof requirements, filing procedures, or deadlines.

Discrimination

California and federal laws prohibit covered employers from firing employees because of legally protected characteristics.

Those characteristics can include:

• Race, color, national origin, or ancestry
• Sex, gender, gender identity, gender expression, or sexual orientation
• Age, when applicable law protects workers age 40 or older
• Physical or mental disability
• Medical condition or genetic information
• Pregnancy, childbirth, or related medical conditions
• Religion or creed
• Marital status
• Military or veteran status

Our Los Angeles employment discrimination attorneys handle claims involving termination and other adverse employment actions based on protected characteristics.

Retaliation for Protected Activity

Employers may not lawfully terminate employees because they engaged in conduct protected by applicable employment laws.

Depending on the circumstances, protected activity can include:

• Reporting workplace discrimination or harassment
• Participating in a discrimination or harassment investigation
• Requesting a reasonable disability or religious accommodation
• Requesting or taking qualifying protected leave
• Complaining about unpaid wages or other labor-law violations
• Exercising workplace safety rights
• Filing or intending to file a workers' compensation claim

Different statutes protect different activities, so the legal framework depends on why the employee complained, requested leave, or exercised a workplace right.

Our Los Angeles retaliation lawyers evaluate these distinctions when protected activity precedes a firing or other adverse employment action.

Whistleblower Retaliation

California Labor Code §1102.5 protects certain employees who disclose information they reasonably believe shows a violation of local, state, or federal law or regulation.

Protected disclosures may be made to a government or law-enforcement agency, a supervisor, or another person with authority to investigate, discover, or correct the suspected violation. Protection can also extend to employees who refuse to participate in conduct that would violate the law.

California whistleblower claims use a specific statutory burden framework. If the employee proves that protected whistleblowing was a contributing factor in the challenged employment action, the employer then faces its own statutory burden regarding whether it would have made the same decision for legitimate, independent reasons.

Employment Contracts

An express or implied employment agreement may alter the ordinary at-will presumption.

For example, an agreement may provide employment for a particular term or require good cause before termination.

Whether a contract exists and what it requires depends on the written agreement, employer policies, communications, workplace practices, and other evidence.

A termination inconsistent with an enforceable agreement may support a contract claim.