Wear Trial Law represents employees fired for unlawful reasons in California. Employers routinely tell departing employees that at-will employment means they can be terminated for any reason — which is not accurate. At-will employment permits termination for no reason. It does not permit termination for an unlawful one.
What makes a termination unlawful
Discrimination based on a protected characteristic.
Retaliation for protected activity — complaining about discrimination or harassment, reporting a suspected legal violation, filing a workers’ compensation claim, raising a safety concern, or taking protected leave.
Violation of public policy. California recognizes a claim where the termination violates a fundamental public policy — for example, firing someone for refusing to commit an unlawful act, or for exercising a statutory right.
Breach of an implied contract, where an employer’s policies, practices, and assurances created an expectation that termination would occur only for cause.
Constructive discharge, where conditions were made so intolerable that a reasonable person would resign. Resigning does not necessarily forfeit a claim.
Pretext — the real battleground
Employers rarely state an unlawful reason. They state a lawful one: performance, restructuring, attendance, a policy violation.
The case is therefore usually about whether that stated reason is genuine. What tends to prove it is not:
- Timing. Adverse action shortly after protected activity.
- A changed record. Strong reviews for years, then sudden criticism after a complaint.
- Shifting explanations. One reason at termination, another to the unemployment office, a third in litigation.
- Inconsistent treatment. Others who did the same thing and kept their jobs.
- Departure from the employer’s own process. Progressive discipline policies skipped in your case only.
The severance agreement
Most terminated employees are handed a severance agreement with a release and a deadline.
Have it reviewed before signing. A release generally extinguishes claims you may not know you have, and the amount offered is frequently a fraction of a claim’s value. There are limits on what such agreements may include, particularly regarding non-disparagement and confidentiality where harassment or discrimination is involved.
Deadlines and the administrative step
Discrimination and retaliation claims under California’s Fair Employment and Housing Act generally require filing with the Civil Rights Department and obtaining a right-to-sue notice before suit. There is a deadline to reach the agency and a separate, shorter deadline to file suit afterward.
Other claims run on different clocks, and public employers add their own requirements. If you have been terminated, do not wait to find out which applies.
Call 415-233-9688 before you sign anything. Free and confidential.
Frequently Asked Questions
FAQ
Possibly. At-will does not permit an unlawful reason.
Whether a layoff was genuine or a pretext is a factual question worth examining.
Constructive discharge may apply where conditions were intolerable.
Not before it is reviewed. There is usually more time than the deadline suggests.
For most discrimination and retaliation claims, yes.
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