Common Examples of Wrongful Termination in California

By Chris Heikaus Weaver

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Employment Laws

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Last Modified on Jul 28, 2026

As a working professional in the Golden State, it can benefit you to have a clear understanding of the ways the law protects you from wrongdoing by your employer, like an unlawful dismissal. There are labor codes in place that shield employees from common examples of wrongful termination in California.

Knowing when you’re experiencing a form of wrongful termination is a must, too. When you can identify how your employer is abusing their position and punishing you, you can know when to contact a California wrongful termination attorney. They can challenge illegal corporate actions and seek the restitution you deserve.

Why Rely on Aitken Campbell Heikaus Weaver, LLP?

At Aitken Campbell Heikaus Weaver, LLP, our legal team of lawyers is devoted to defending workers’ rights in California. We bring our knowledge of local, state, and federal employment laws, extensive trial experience, and a genuine pursuit of justice to every legal matter we take care of for clients.

Whether you want us to get involved because you’ve been subjected to harassment, discrimination, retaliation, or all the above, you can trust us to defend your rights as an employee at every step of your wrongful termination case.

Discrimination-Based Terminations

Unfortunately, one of the most common grounds for a wrongful termination case involves discrimination against protected characteristics. Wrongful termination laws created in the California Fair Employment and Housing Act clearly state that an employer is breaking the law if they discharge an employee based on:

• Race, ethnicity, or national origin
• Gender identity, sexual orientation, or pregnancy
• Religion or religious creed
• Physical or mental disabilities
• Age, especially for those 40 and older

Still, discrimination remains a pervasive issue in the modern workplace. As noted in a research study, a 2023 Monster Poll revealed that 91% of respondents reported experiencing some form of workplace discrimination. Similarly, 77% of the respondents said they’d witnessed discrimination in the workplace. When an employer uses these traits as the basis for a firing, they violate state protections that also allow for uncapped damages and mandatory attorney’s fees.

The Limits of At-Will Employment

In California, at-will employment generally means that an employer can terminate a worker for almost any reason or no reason at all. However, this doesn’t mean they can just act with malice or violate fundamental civil rights.

Recent data from the California Civil Rights Department highlights the prevalence of these disputes. Employment complaints were filed on 12,596 bases statewide in 2024 alone. A closer look at some of the complaints reveals that:

• Disability of any kind, including intellectual, developmental, and physical, was the basis for 2,174 complaints.
• Sex/gender was the basis for 1,257 employment complaints.
• There were 1,190 complaints based on race.

Retaliation for Exercising Legal Rights

Retaliation is a leading cause of legal action in Southern California, often stemming from an employee engaging in a protected activity. Common examples include:

• Reporting unsafe working conditions to OSHA or local authorities
• Starting a claim for unpaid wages or overtime violations
• Cooperating with an internal or external investigation into company fraud or misconduct
• Requesting legally protected family or medical leave

While many employers try to punish workers for exposing wrongdoings in the office and toxic policies, they shouldn’t.

Whistleblower protections shield workers who air out illegal activities within their organizations. Employers cannot dismiss a worker for blowing the whistle on fraud, environmental violations, or other criminal acts. Additionally, a firing is considered wrongful if it violates public policy, such as terminating someone for refusing to perform an illegal act ordered by a supervisor.

Why You Should Hire a Wrongful Termination Lawyer

When you hire a wrongful termination lawyer, they can preserve vital evidence, such as internal Slack messages, performance evaluations, and witness statements, that might otherwise be erased or forgotten. Local attorneys understand the nuances of the regional workforce, from the logistics hubs at the Port of Long Beach to the tech sectors near the Waterfront.

They know how to frame a narrative that resonates with local judges and mediators in the Orange County Superior Court at 700 Civic Center Drive East in Santa Ana.

FAQs

What Is California’s Statute of Limitations for Filing a Wrongful Termination Claim?

California’s statute of limitations for filing a wrongful termination claim can depend on the specific law your employer violated. Generally, you must file an administrative complaint with the California Civil Rights Department or the EEOC within one to three years. Missing these deadlines can mean you’ve permanently lost the right to file a claim, so you should consult an attorney as soon as possible to preserve your case.

What Scares HR the Most About Employment Law Matters in California?

With employment law matters in California, Human Resources departments are often most concerned with retaliation claims and documentation inconsistencies. The burden of proof for just cause often shifts to the employer, so a lack of clear, consistent performance records can leave a company vulnerable to legal claims from current or former employees.

What Are the Odds of Succeeding in a Wrongful Termination Case?

Succeeding in a wrongful termination case depends on the quality of evidence and the skill of your counsel. Employees who secure professional legal representation are significantly more likely to achieve favorable outcomes than those who represent themselves. Furthermore, the vast majority of wrongful termination disputes are resolved through settlements rather than proceeding to a jury trial.

What Makes a Strong Wrongful Termination Case?

A strong wrongful termination case typically includes direct or circumstantial evidence of illegal intent, such as discriminatory remarks or a sudden negative performance review following a complaint. Documented temporal proximity, a firing that happens shortly after a protected activity, is also a key factor. Credible witness statements and a clear record showing that the employer’s stated reason for firing was a pretext can significantly bolster a claim.

Choose Aitken Campbell Heikaus Weaver, LLP

The sudden loss of a career can be a life-altering event, but you don’t have to face the legal system alone. Consult an experienced legal team to begin reclaiming your professional dignity and seeking the compensation you deserve under the law. Reach out to Aitken Campbell Heikaus Weaver, LLP, today for a confidential review of your situation.