Employment Law 101: What Makes a Wrongful Termination Case

Getting the sack out of nowhere is hard, especially when thinking about whether it was legal. California is all about worker rights. 

“Just because your manager was a walking HR disaster or the office vibes were chaotic, does not mean you have a solid wrongful termination lawsuit. There must be a legitimate reason before you call it wrongful termination. Otherwise, it is just a bad day at work,” says Harry Nalbandyan of Levin & Nalbandyan, LLP.

The bottom line is that if you feel blindsided and wonder whether what was done to you is legal, it is smart to get the basics straight. This guide explains what constitutes wrongful termination in California and what does not.

Discrimination

In California, bosses cannot just kick you out over stuff like your race, gender, who you love, your religion, a disability, or where your family’s from. Sometimes, they will wrap it up as “performance” or act like it’s just business.

If you even think your firing had a trace of discrimination, say, you are suddenly not a good fit right after you come out, or you get let go after mentioning your pregnancy—that has all the hallmarks of a legal case. 

One of the smartest things you can do is hang onto evidence. Save those shady emails, jot down those weird comments, and catch any fishy excuses from your boss. All that stuff might be what puts your case over the top.

Sexual Harassment and Wrongful Termination  

If you got laid off for shutting down someone’s creepy advances, that is a wrongful termination. It is not just about super-obvious stuff like being touched without consent. Sometimes, relentless comments and weird DMs can count as harassment, and California’s Fair Employment and Housing Act (FEHA) steps in to cover your back here.  

Even if you quit because things at work got unbearable due to the harassment, you still might have a case. There is a legal term for that: “constructive discharge.” Essentially, you need to demonstrate that your workplace had transformed into a hostile environment you could no longer tolerate, and that your boss (or their representatives) was responsible. 

Retaliation 

Being fired for standing up against workplace injustices can often be considered retaliation. Employers cannot legally terminate you for reporting unlawful activities, like discrimination, harassment, wage violations, or unsafe working conditions.  

It would be akin to punishing someone for doing the right thing, which would violate California labor laws. This also applies if you participate in investigations or lawsuits against your employer.  

Retaliatory terminations may not always be immediately apparent; employers often attempt to conceal their actions and provide different reasons for the termination. Therefore, documenting timelines and patterns will be crucial in linking your protected actions directly to your termination.

Employee Rights After Wrongful Termination   

California’s got your back if your boss just fired you for shady reasons. You might even get paid for your trouble—think back pay, money for the stress, and sometimes punitive damages.

The first stop is the California Department of Fair Employment and Housing. If you have proof, a lawsuit might be next on the menu.

Employment law is full of legal twists and jargon, so don’t rely on Google and cross your fingers. Hire a solid employment lawyer—they know the system, how to protect your rights, and how to fight for every dollar you’re owed.

Choosing the Right Lawyer in California   

Picking the right lawyer for a wrongful termination mess is crucial. First, look for someone who knows the state’s employment law—do not settle for a random one-size-fits-all attorney.

Dig into their history. You want an attorney who has landed wins. Scroll through their client reviews, but take them with a grain of salt; some people just love complaining.

Do not hesitate to ask about fees upfront. Some employment lawyers work on a contingency basis, so you are not losing money if you do not win. 

You want someone who is a good communicator. Trust matters. You are both in for a wild legal ride, so find someone you click with.