What Qualifies as Wrongful Termination in California?

No one goes to work expecting to lose their job unfairly. But when employers fire a worker for reasons that violate California’s protections — especially after reporting discrimination, harassment, unsafe conditions, or wage violations — it may be wrongful termination.

In this article, we’ll explain:

What “wrongful termination” means under California law
Common unlawful firing scenarios
How to tell if you have a claim
Legal protections for employees
What to do next and when to call a wrongful termination lawyer in Berkeley

Whether you’re searching for a wrongful termination lawyer Bay Area, wrongful discharge attorney Berkeley, or employment attorney for employees, understanding the law is the first step toward protecting your rights.

What Is Wrongful Termination?

“Wrongful termination” refers to a firing that violates California or federal laws. California is an at‑will employment state, which means employers can generally end employment at any time — but there are important exceptions.

Even in at‑will states, employers cannot fire someone for illegal reasons, including:

Discrimination (race, gender, age, disability, etc.)
Retaliation for reporting unlawful conduct
Violation of public policy
Breach of contract

When a firing is unlawful for one of those reasons, it may be considered wrongful termination.

1. Discrimination Is Illegal

Under California and federal law, employers cannot fire an employee because of a protected characteristic. These include:

Race, color, or national origin
Sex, gender identity, or sexual orientation
Age (40+)
Disability or medical condition
Religion or belief system
Pregnancy or family caregiving responsibilities

For example, if someone is fired after disclosing a disability or asking for a reasonable accommodation, that firing may be discriminatory — and therefore wrongful.

If you’ve been treated differently or singled out for who you are, a discrimination lawyer Bay Area can help determine your options.

2. Retaliation After Protected Activity

California law protects workers who speak up about workplace violations. If you:

✓ Complained about harassment or discrimination
✓ Reported unsafe conditions to HR
✓ Filed a wage or hour complaint
✓ Reported illegal conduct to an agency

…your employer cannot legally terminate you for any of those actions.

Firing someone in retaliation for reporting issues — even informal complaints — may be wrongful termination. If this sounds like your situation, a retaliation lawyer Bay Area can review the facts and determine whether your firing was unlawful.

3. Wrongful Termination Violates Public Policy

California protects employees from being fired for reasons that would violate public policy, even if those aren’t specifically covered under discrimination statutes.

Examples include:

Firing someone for taking legally protected leave (e.g., medical or family leave)
Terminating an employee for refusing to commit an illegal act
Releasing someone after reporting crimes internally

Because these terms intersect public policy, they can be strong wrongful termination claims when supported by evidence.

4. Breach of Contract Can Make a Termination Wrongful

If you had an employment contract — written, verbal, or implied — terminating you in violation of that contract may be wrongful.

Examples include:

Firing someone before a guaranteed period ends
Terminating without cause when contract requires cause
Violating specific contract provisions about discipline or firing

Contracts can be complex. If your situation involves any employment agreement, a wrongful discharge attorney Berkeley is often necessary to interpret your rights.

5. Termination After Reporting Wage & Hour Violations

California has some of the strongest wage and hour protections in the country.

If you:

Asked for correct overtime pay
Complained about meal and rest break violations
Questioned misclassification as an exempt employee

…your firing could be wrongful if it was tied to those complaints. Many employers wrongly assume wage concerns aren’t protected; they are.

Recognizing the Signs of Wrongful Termination

Here are some red flags that may indicate your firing was unlawful:

You were performing well before your firing
You reported harassment, discrimination, safety issues, or wage violations
You were fired shortly after engaging in protected activity
Your employer gave vague or inconsistent reasons for termination
You were treated differently than coworkers in similar situations

If any of these apply, it’s time to consider legal advice from an experienced employment attorney for employees.

How California Law Protects Wrongfully Terminated Employees

A. California Fair Employment and Housing Act (FEHA)

FEHA protects workers from discrimination, harassment, and retaliation. If your firing is based on a protected characteristic or retaliation for opposing unlawful conduct, you may have a FEHA claim.

B. California Labor Code Protections

The California Labor Code prohibits retaliation for reporting unsafe conditions, wage violations, or other labor law violations. Firing a worker for raising these concerns may be wrongful.

C. Federal Law — Title VII and ADA

Many wrongful termination claims overlap with federal protections, such as:

Title VII — prohibits race, gender, religion discrimination
ADA — protects against disability discrimination
FMLA — protects leave rights

A qualified lawyer can help you determine whether state or federal statutes apply to your case.

What Compensation Is Possible in a Wrongful Termination Claim?

If your firing was wrongful, you may be entitled to:

Lost wages (past and future)
Loss of benefits
Emotional distress damages
Reinstatement to your job
Punitive damages (in egregious cases)
Attorney’s fees and legal costs

Don’t let your employer’s unlawful actions go unchallenged. A wrongful termination lawyer Bay Area can assess your case and help you pursue the relief you deserve.

What to Do After You Are Fired

1. Document Everything

Write down:

Why you were fired
What events lead up to the firing
How you reported issues
Any witnesses
Emails or messages

Detailed records are often critical to building a strong case.

2. Avoid Signing Employer Documents Without Review

Some employers present separation agreements that include non‑disparagement or release clauses. Before signing anything, speak with an attorney.

3. Speak With a Wrongful Termination Lawyer

Wrongful termination claims often require filing complaints with agencies before going to court. Timing matters. Many claims must be filed within months of your firing.

A free consultation employment lawyer can help you understand deadlines and protect your rights.

Why California Workers Choose Kurt Dreger Law Office

If you’re looking for someone who understands wrongful termination law in the Bay Area, here’s how Kurt can help:

Experienced wrongful termination lawyer Bay Area — over a decade of defending employee rights
Employment law services Bay Area — dedicated to workers, not companies
Wrongful discharge attorney Berkeley — practical, focused legal representation
Employee rights lawyer California — helping workers secure justice and compensation
Free consultation employment lawyer — start with a risk‑free case evaluation

With a rare background in occupational safety and employment law, Kurt brings a depth of insight that most general practitioners don’t have — making him a trusted voice for California workers.

How to Get Started

If you were fired unfairly in California and believe your termination may have been wrongful, don’t wait.

📞 Contact a Wrongful Termination Lawyer in the Bay Area — Kurt Dreger Law Office

Understanding your rights is the first step toward accountability and compensation — and Kurt is here to help you every step of the way.

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