Unanyan Law
Practice Area

Wrongful Termination

Fired in violation of California law — including for reporting unlawful conduct, requesting accommodations or leave, or refusing to engage in illegal acts.

Overview

California is generally an at-will employment state, but employers cannot terminate employees for unlawful reasons. If you were fired because you reported misconduct, complained about discrimination, requested accommodations or leave, exercised protected rights, or refused to engage in illegal conduct — your termination may have been unlawful.

Section 01

Employers Often Conceal Unlawful Motives

Wrongful termination is not always obvious. Employers frequently attempt to disguise unlawful motives by creating a paper trail shortly before termination or citing alleged performance deficiencies, restructuring, attendance issues, policy violations, or misconduct. In many cases, employees who previously received positive feedback suddenly begin receiving write-ups, heightened scrutiny, or vague criticisms after engaging in protected activity. We carefully examine personnel records, internal communications, timing of events, witness testimony, comparative treatment of other employees, workplace investigations, and the employer's own documentation to determine whether the stated reason is legitimate or merely pretext.

Section 02

Constructive Termination & Forced Resignation

In some situations, employers attempt to force employees out rather than formally terminate them. Employees may face intolerable working conditions, humiliation, retaliatory treatment, exclusion, impossible expectations, demotions, or ongoing hostility designed to pressure them into resigning. Under California law, employees who are effectively forced to resign due to unlawful working conditions may still have legal claims through constructive termination or constructive discharge. A resignation does not necessarily prevent you from pursuing legal claims if it resulted from unlawful workplace conduct.

Signs you may have a claim

What this looks like in real workplaces.

  • Termination after reporting discrimination, harassment, retaliation, or wage violations
  • Termination after complaining to HR or management about workplace issues
  • Termination after requesting disability accommodations or medical leave
  • Termination after taking CFRA, FMLA, pregnancy, or protected medical leave
  • Termination after reporting unsafe working conditions or safety concerns
  • Termination after participating in a workplace investigation
  • Termination after refusing to participate in unlawful or unethical conduct
  • Pretextual reasons that don't match a strong prior performance history
Applicable Law

The statutes we use to fight back.

California Fair Employment and Housing Act (FEHA)
Prohibits termination based on disability, pregnancy, race, national origin, religion, sex, sexual orientation, gender identity, age (40+), and other protected characteristics. Broader and more protective than federal law.
California Labor Code § 1102.5 (Whistleblower)
Protects employees who report violations of state, federal, or local law to a government agency, supervisor, or anyone with authority to investigate.
Tameny / Public Policy Doctrine
Common-law claim for termination that violates fundamental California public policy — including refusing to commit illegal acts.
What you may recover

Damages we pursue.

  • Lost wages (back pay and front pay)
  • Lost benefits, bonuses, and equity
  • Emotional distress damages
  • Punitive damages in cases of malice, fraud, or oppression
  • Attorney's fees and costs under FEHA and § 1102.5
Frequently Asked

Questions about wrongful termination.

I'm at-will. Can I still sue for wrongful termination?

Yes. At-will means either side can end the relationship for any lawful reason — but it does not allow an employer to fire you for an unlawful reason. Discrimination, retaliation, and public-policy violations override at-will status.

What if I signed a severance agreement?

Signing a severance agreement does not always mean you have waived all of your legal rights. Many employees believe they can never bring a claim once they sign a severance agreement, but that is not always true under California or federal law.

Whether you may still have a claim depends on several factors, including:

  • The language of the agreement;
  • Whether the release of claims is enforceable;
  • Whether you were given sufficient time to review the agreement;
  • Whether you were pressured or misled into signing;
  • Your age and whether the agreement complies with laws protecting employees over 40; and
  • Whether your employer violated the agreement or withheld important information.

In some situations, employees may still have valid claims for discrimination, retaliation, unpaid wages, whistleblower retaliation, or other workplace violations even after signing a severance agreement.

Additionally, some severance agreements contain unlawful or unenforceable provisions under California law, including overly broad confidentiality or non-disparagement clauses.

Every situation is different. If you signed a severance agreement and are unsure about your rights, it is important to have the agreement reviewed by an experienced employment attorney before assuming you no longer have a case.

How long do I have to file?

Deadlines vary by the type of claim. Common-law wrongful termination in violation of public policy (a Tameny claim) generally carries a two-year statute of limitations under Code of Civil Procedure § 335.1. FEHA-based claims (discrimination, harassment, retaliation) generally require filing with the California Civil Rights Department within three years, with a one-year window to file in court after receiving a right-to-sue notice. Whistleblower claims under Labor Code § 1102.5 and wage-and-hour claims have their own separate deadlines. Don't wait — call us as soon as possible so we can identify which deadlines apply to your situation.

Free consultation

Talk to us about your situation.

Every case is different. The only way to know what yours is worth is to talk to a lawyer who handles these matters every day.

  • Free consultation
    No-obligation, no pressure conversation
  • No fee unless we win
    Contingency fee — you pay nothing up front
  • Discreet & private
    We treat every consultation with care and discretion