Wrongful Termination

California is an 'at-will' state meaning either the employer or the employee can end the employment at any time, for any legal reason, or no reason at all. However, there are exceptions. For example, if an employer gives assurances of continued employment, the employer might then need a good reason to let an employee go or an employee can't be terminated for an illegal reason, such as discrimination, harassment, or retaliation.

Despite the 'at-will' nature of employment in California, there are exceptions that provide employees with certain protections. These exceptions can arise from contracts, state laws, or public policy. Courts in California have also placed limits on an employer's right to terminate an 'at-will' employee based on public policy. According to California Labor Code Section 98.6(a), it is illegal to fire or take negative action against an employee for exercising their rights.

An employee can't be terminated for discrimination based on their protected class status, or for reporting Fair Employment and Housing Act ("FEHA") violations. An employee can't be terminated for complaints about harassment, including but not limited to, sexual harassment. In addition, an employee can't be terminated for filing a workers' compensation claim or reporting an injury that is work related. Employees who take employee leave, such as FMLA, sick leave, etc. , or have made wage and hour complaints are protected from a wrongful termination by their employer. Lastly, employees are protected from whistleblower activities.