Wrongful Termination Claims
Reach Out to Goyette, Ruano + Ulmer
Losing a job is disruptive under any circumstances. When the termination was unlawful, the consequences extend well beyond lost income. Your professional reputation, your financial stability, and your career trajectory can all be affected. California's at-will employment rule gives employers significant discretion, but it does not permit them to fire employees for illegal reasons.
If you believe your termination was unlawful, Goyette, Ruano + Ulmer can evaluate your situation, identify viable legal claims, and pursue the strongest available path to recovery.
What Makes a Termination Wrongful in California?
California is an at-will employment state. Most employees can be terminated for any reason, or no reason, without advance notice. But the law creates meaningful exceptions. A termination is wrongful when it violates:
Anti-Discrimination Laws: If a protected characteristic such as race, sex, gender identity, sexual orientation, age, disability, religion, national origin, ancestry, pregnancy, or military and veteran status was a motivating factor in the termination decision, the firing may be unlawful under FEHA or applicable federal statutes.
Anti-Retaliation Protections: Terminating an employee because they reported harassment or discrimination, filed a wage claim, exercised their right to protected leave, or engaged in any other legally protected activity is prohibited under California and federal law.
Public Policy Exceptions: California prohibits terminations that violate a fundamental public policy. Examples include firing an employee for serving on a jury, filing a workers' compensation claim, refusing to participate in illegal conduct, or exercising a statutory right.
Implied Contract: If your employer made specific assurances about job security, whether through an offer letter, an employee handbook, or oral representations, those statements may create an implied contract that limits the employer's ability to terminate without cause.
How Employers Conceal the Real Reason for a Termination
Employers rarely tell an employee the true reason for a termination when that reason is unlawful. Terminations are typically framed as performance-related, budget-driven, or part of a broader restructuring. We look at the full employment record to evaluate whether the stated reason is genuine:
- Were performance concerns documented before the termination, or did critical reviews appear only after a complaint or protected activity?
- Were similarly situated employees outside the protected class treated differently under comparable circumstances?
- Did the timing of the termination closely follow a protected disclosure, a leave request, or a workplace complaint?
- Is the employer's stated business reason consistent with decisions made across the broader organization?
Constructive Discharge
Not every wrongful termination involves a formal firing. Constructive discharge occurs when an employer deliberately makes working conditions so intolerable, through harassment, unjustified demotion, or sustained hostile treatment, that a reasonable employee in the same situation would feel compelled to resign. If you resigned under those conditions, you may still have a valid wrongful termination claim.
What You May Recover
- Back pay for wages and benefits lost from the date of termination
- Front pay or reinstatement to your former or equivalent position
- Compensatory damages for emotional distress and related harm
- Punitive damages when the employer's conduct was malicious, fraudulent, or oppressive
- Attorney's fees and costs in cases involving FEHA violations
Contact a Wrongful Termination Attorney in California
You do not have to accept a termination you believe was unlawful. Our attorneys will evaluate your situation directly, explain your legal options clearly, and pursue the most effective available path to recovery on your behalf.
Contact Goyette, Ruano + Ulmer to discuss your wrongful termination claim
Yes. Employers almost always point to performance or business needs as the stated reason for a termination. The legal question is whether that reason is genuine or whether it was offered to conceal a discriminatory or retaliatory motive. If critical performance reviews appeared only after a complaint or protected activity, or if similar employees were treated more favorably, those facts may demonstrate that the stated reason is not the real one.
At-will status means your employer can terminate you for any reason except an illegal one. The at-will doctrine does not shield employers from liability for discriminatory, retaliatory, or policy-violating terminations. Most California employees are at-will, but that does not eliminate their right to pursue a claim when the termination was unlawful.
Constructive discharge occurs when an employer intentionally makes working conditions so intolerable that a reasonable person in your position would feel forced to resign. Courts look at whether the conditions were objectively intolerable and whether the employer intended to cause them. This is a fact-intensive analysis that an attorney should evaluate based on the full circumstances of your situation.
Most wrongful termination claims based on discrimination or retaliation require an administrative complaint with the California Civil Rights Department within three years of the termination. After receiving a right-to-sue notice, you have an additional limited window to file a civil lawsuit. Acting promptly is important to preserving your rights.
Signing a severance agreement typically means waiving your right to sue your employer in exchange for a payment. Before signing, you should have the agreement reviewed by an employment attorney. If you have a viable wrongful termination claim, the value of that claim may far exceed the severance being offered. California law also requires that employees 40 or older be given at least 21 days to consider an agreement that includes a release of age discrimination claims, plus a seven-day revocation window after signing.
Yes. Filing for unemployment benefits and pursuing a wrongful termination claim are separate processes. Collecting unemployment insurance does not prevent you from bringing a legal claim, and it does not constitute an admission that your termination was lawful. You should apply for benefits as soon as possible after losing your job, and consult an attorney about your legal options at the same time.