California Wrongful Termination Laws 2025 – Know Your Rights

If you are an employee in California, you should familiarize yourself with California wrongful termination laws. Knowing the laws may prove valuable if you are fighting a wrongful termination case or simply want to know your rights. While California is an at-will employee state, in some cases employers take advantage of their employees and terminate them illegally.

Your Rights as a California Employee

California is the third largest state with a population of over 38 million people, with 63% of people in its labor force. This is a significant number of people who must be protected, respected, and fairly treated while executing their jobs. If you are an employee in California, you have several rights at your disposal as outlined by the Department of Industrial Relations Labor Enforcement Task Force.

Regardless of your age, gender, sex, race, or immigration status, if you are an employee in California, you have the right to work in a safe and healthy environment, take breaks and rest periods, receive minimum wage, receive certain benefits, and take action without fear of retaliation.

What Is Wrongful Termination in California?

Another right you have as an employee is to make a claim against your employer if you are wrongfully terminated. California is an at-will state, which means that employers and employees may terminate the work relationship at any time without penalty. In certain circumstances, an employee may be illegally terminated, which is considered wrongful termination. Common examples of wrongful termination include the following:

• Breach of employment policy. Some employers may break an agreed-upon contract, which leads to firing or break another policy, such as engaging in illegal activities. If an employee refuses to engage in the activities, the employer may fire them, which is considered wrongful termination.
• Retaliation. In other cases, an employer may fire an employee in retaliation for the employee engaging in some protected action such as asking for an accommodation for a disability, requesting leave for a family emergency or medical issue, or for exercising their right to take pregnancy or paternity leave.
• Sexual harassment. Unfortunately, some employers sexually harass their employees by making unwanted sexual advances, comments, jokes, or creating a hostile work environment. If an employee refuses quid pro quo, or refuses to provide sexual favors for work opportunities, the employer may choose to fire them. If this occurs, the employee may have a solid wrongful termination case.
• Workplace discrimination. It is illegal, under Title VII of the Civil Rights Act, to discriminate against any employee based on protected factors such as age, gender, sex, race, citizenship status, disability status, pregnancy status, or veteran status. If your employer engages in severe discrimination that results in your termination, you may have a case.

Winning a Wrongful Termination Case in California

If you believe you have a wrongful termination case, you should seek experienced and adequate legal counsel immediately. It is important to avoid signing any legal documents with your employer or any other person in your workplace without seeking the advice of a lawyer first. This is because any documentation may be used as evidence against you and can weaken your case.

Your wrongful termination lawyer will help you collect evidence to build your case in the form of work documentation, eyewitness testimony if they are readily available, communications surrounding your employment history, and other relevant records that show a clear timeline and affirmation of your employer’s illegal actions and your resulting termination. We are strategic and thorough in our investigations with the goal of winning your case and securing your justice.

Wrongful termination claims are generally civil matters. Your attorney can assist you in filing in the California Superior Court of the county where you reside, where the incident occurred, or where the contract was made or broken.

Wrongful Termination Settlements

Most wrongful termination settlements are determined by several factors, with your lawyer’s skill and experience being one of the most integral factors. If your lawyer is able to build a solid case for your wrongful termination claim, you could potentially recover:

• Lost wages
• Damages for emotional distress
• Punitive damages to deter future malicious or fraudulent behavior
• Reinstatement
• Legal fees

FAQs

What Qualifies as Wrongful Termination in California?

California has several situations that qualify as wrongful termination. While California is an at-will state, you can file a claim for wrongful termination if you suspect your employer fired you for illegal reasons, such as retaliation for engaging in a protected action, discrimination, sexual harassment, or breach of contract or company policy.

Can You Get Fired Without a Written Warning in California?

Yes, you can get fired without a written warning in California. According to the Department of Industrial Relations Division of Labor Standards Enforcement, California is an at-will state, meaning that both employer and employee can end the employment agreement at any time, for any legal reason, without penalty. Therefore, unless otherwise agreed upon, an employer can fire an employee without warning at any time.

What Are the Odds of Winning a Wrongful Termination Case?

The odds of winning a wrongful termination case depend on several factors. To increase your chances, you should avoid discussing your case with coworkers, refrain from signing any legal documents without a lawyer, and collect evidence such as work records and correspondence that support your claim. Hiring an experienced employment law attorney is also essential for an optimal outcome.

What Is the Burden of Proof for Wrongful Termination in California?

In California, the burden of proof for wrongful termination rests on the employee who believes they were terminated unjustly. Unless the case involves severe harassment or assault, most wrongful termination cases are civil, which requires a higher burden of proof. The employee must provide clear evidence that their employer violated a contract, discriminated against them, sexually harassed them, or retaliated against them for engaging in a protected action.

Aggressive Lawyers, Personal Attention

Being terminated can be devastating for any employee. It is more life-altering if you were wrongfully terminated. At The Law Office of Briana Kim, we will not stand for this. We are ready to advocate for you and your specific situation: whether that means being reinstated into your position or recovering lost wages. Whatever the case, Contact us for a consultation to weigh your options and share your case.