Being fired from your job is stressful, but when that termination is unlawful, you have the right to take legal action. In California, wrongful termination happens when an employer fires one of their employees for reasons that violate state or federal law, breach an employment contract, or go against public policy. Here’s how to prove you were wrongfully terminated.
Identify the Illegal Reason for Termination
To build your case, start by identifying why you believe you were fired. Common illegal reasons include:
- Discrimination based on race, gender, age, disability, religion, or sexual orientation
- Retaliation for reporting harassment, unsafe working conditions, or wage violations
- Taking protected leave under laws such as the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA)
- Refusing to engage in illegal activity requested by your employer
California is an at-will employment state, but that doesn’t give employers the right to fire someone for these unlawful reasons.
Gather Evidence
Evidence is key to proving wrongful termination. Try to collect:
- Emails, texts, or memos related to your firing or any complaints you made
- Performance reviews that contradict your employer’s reason for firing you
- Witness statements from coworkers who saw or experienced similar treatment
- A timeline of events leading up to your termination
Even if your employer didn’t give a clear reason, patterns of behavior or a sudden change after you exercised a legal right can help support your claim.
File a Complaint or Consult an Attorney
Before filing a lawsuit, you may need to file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC)—especially in cases involving discrimination or retaliation.
An employment law attorney can help you understand your rights, guide you through the process, and help you recover lost wages or other damages.
If you believe you were wrongfully terminated, don’t wait. You have limited time to file a claim, and getting legal advice early can make all the difference.
Contact our firm to schedule a consultation right now.