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949-266-0880No matter your position in the workplace— whether a manager or new hire—you could find yourself asking: “Can I be fired for this?”
Or maybe you're an employer wondering, “Is this termination legally sound?” California termination laws are intricate, offering protections, limitations, and rights you may not know you have… or should be respecting.
This MJB Law Group article is your roadmap to understanding what’s legal, what’s not, and how to navigate the often bumpy terrain of employment separation in California. Whether you’re letting someone go or being shown the door of wrongful termination, read on. Let’s clear up the confusion.
California termination laws govern the complex relationship between employers and employees. These laws dictate when, how, and why employment can legally end—and what rights both sides have when it does.
California is an at-will employment state, meaning employers can terminate workers at any time and for almost any reason. But—and here’s the twist—that doesn’t mean employers can ignore state and federal protections. If you’ve been fired for a discriminatory or retaliatory reason, your rights under California termination laws may have been violated.
At its core, California operates under the principle of “at-will” employment. This means either the employer or employee can terminate the employment relationship at any time—without notice and without needing a reason.
However, just because a firing doesn’t need a reason doesn’t mean any reason will fly. That’s where exceptions kick in.
Even in an at-will state, there are boundaries. You can’t be fired for:
Additionally, contractual employees or union members may have protections laid out in agreements that override at-will norms.
Employers need valid, legal justifications for letting someone go—especially if they want to stay out of court.
Chronic tardiness? Missed deadlines? If you're underperforming, that’s typically grounds for legal termination—assuming the employer has documented the issues and given opportunities to improve.
Business changes—like downsizing or department eliminations—can legally warrant layoffs. Still, employers must ensure that protected classes (e.g., older workers) aren’t disproportionately affected.
If you have a contract, termination terms are likely written into it. Breaching these terms can have legal repercussions.
Just because you’re told, “We’re going in a different direction,” doesn’t mean the reason is lawful.
Wrongful termination occurs when an employee is fired for an illegal reason—such as discrimination, retaliation, or whistleblowing.
If you’ve been wrongfully terminated, you can file a claim with the California Department of Fair Employment and Housing (DFEH) or consult an employment attorney to pursue damages.
California workers are surrounded by a legal safety net that shields them from unfair treatment.
Employers cannot fire you based on your:
Nor can they retaliate if you:
If you report company wrongdoing, the law stands by you. Employers cannot legally retaliate for whistleblowing—even if the allegations turn out to be incorrect (as long as they were made in good faith).
Employees taking protected leave—like parental or medical leave—cannot be terminated simply for being away from work.
Unfortunately, not all terminations are based on merit or conduct.
Letting someone go because they’re “too old” or “don’t fit in with the team” can disguise underlying discrimination. Be wary of euphemisms.
Employers must provide reasonable accommodations. Firing someone who requires such accommodations is often illegal.
Your right to observe religious practices or speak a native language is protected. Termination on these grounds violates state and federal law.
Timing matters when employment ends.
Generally, no. However, mass layoffs under the WARN Act require 60 days’ notice for large employers.
Delayed final wages can result in “waiting time penalties”—up to 30 days’ worth of pay.
Not unless it's in the employment contract. Still, some companies offer severance to avoid legal backlash.
Always read the fine print. Better yet, consult a lawyer before signing anything that waives your rights.
If it’s not documented, it’s disputable.
Employers should track infractions, performance reviews, and verbal warnings to defend against legal claims.
California employees have the right to inspect and copy their personnel records upon request.
Exit interviews help companies identify issues. However, employees should be cautious—what you say can be used later in legal proceedings.
Starting a new job doesn’t make you bulletproof.
You can be fired for not meeting expectations—but not for protected reasons (like your gender or disability).
Even during probation, employers should document their reasons.
Use the probation period wisely: offer feedback, set clear expectations, and keep thorough records.
Sometimes people quit—but not by choice.
Constructive termination happens when an employer makes working conditions so unbearable that an employee has no choice but to resign.
Bullying, harassment, and demotion can all lead to a valid constructive discharge claim.
Courts will examine whether a reasonable person would feel compelled to quit under the same conditions.
Getting fired doesn’t always mean you’re left empty-handed.
Most employees are eligible for benefits unless fired for “misconduct.”
Being let go for theft, dishonesty, or willful neglect may disqualify you.
Most contracts outline termination procedures, just cause standards, and grievance rights.
Disputing a termination? Your union rep can file a grievance and push for arbitration.
Follow your union’s internal process, then escalate to the NLRB if needed.
Undocumented workers still have rights.
You cannot be fired solely for your immigration status.
It’s illegal for employers to call ICE in retaliation for a workplace complaint.
Workers can report violations anonymously through the Labor Commissioner’s Office.
Employees who report unsafe working conditions, discrimination, or harassment are protected.
California law strictly prohibits retaliatory actions—including termination.
Document everything. Keep records of complaints, emails, and witness names.
When your job ends, so should your wage disputes.
This includes unpaid overtime, denied breaks, or withheld commissions.
Sometimes, employers terminate employees to avoid paying back wages—this is illegal.
You can submit a wage claim online or in person—no attorney needed, but legal guidance can help.
Employers aren’t always in the wrong.
If the firing was for genuine economic or performance reasons, it may be legal.
Employers should show documentation of poor performance or misconduct.
Treating employees consistently and keeping accurate records is key to a valid defense.
Ready to take legal action?
You generally have 2-3 years to file, depending on the claim type.
You could receive back pay, reinstatement, punitive damages, or a settlement agreement.
It’s not the end—it’s the beginning of knowing your rights.
You’re entitled to a final paycheck, COBRA benefits, and possibly unemployment.
Ask your employer for a written statement explaining your separation.
If you sense discrimination, retaliation, or unfair treatment—call a lawyer at MJB Law Group before signing anything.
When you're facing wrongful termination, retaliation, or wage theft, having the right law firm in your corner is everything. MJB Law Group is a boutique litigation law firm in California that focuses on employment and personal injury law.
We go head-to-head with corporations and insurance companies to ensure individuals receive the justice they deserve. With years of experience, a compassionate approach, and a fierce dedication to client advocacy, we’re not just your attorneys… we’re your legal allies.
Choose MJB Law Group to level the playing field and get the representation you deserve. Contact us.
Navigating California termination laws can feel like walking a legal tightrope. Whether you're an employee protecting your rights or an employer aiming to stay compliant, understanding the rules is key to avoiding pitfalls and ensuring justice.
And if the road gets rocky, remember—you don’t have to walk it alone. MJB Law Group stands ready to advocate, advise, and fight for your rights at every turn.
