Wrongful Termination in California: What Los Angeles Employees Need to Know

Why People Struggle

• California is generally “at-will,” but there are exceptions that make certain firings unlawful (Cal. Labor Code § 2922).
• People confuse discrimination/retaliation (unlawful) with unfair treatment (often not unlawful) under FEHA (Gov. Code § 12940). Source
• Deadlines differ by claim type (e.g., CRD intake within 3 years; many Labor Commissioner retaliation complaints within 1 year). CRDDLSE
• Employees don’t realize whistleblower and safety complaints are protected from retaliation (Lab. Code §§ 1102.5, 6310). 1102.56310

In this article, you’ll learn how to avoid these pitfalls and make informed choices.

1) Identify If the Firing Was Unlawful (Not Just Unfair)

Why it matters: California’s at-will rule has key exceptions. A termination may be unlawful if it is based on a protected characteristic or activity, or if it violates public policy.

What to check:

• Discrimination/Harassment/Retaliation under FEHA: Firing based on protected characteristics (e.g., race, sex, disability, age 40+) or for opposing/reporting such conduct is unlawful (Gov. Code § 12940). TextCRD overview. Learn more about your options by speaking with a Los Angeles discrimination attorney. And if you’re experiencing unwanted conduct or quid pro quo at work? Talk to a Los Angeles sexual harassment attorney.
• Whistleblowing: Retaliation for disclosing or refusing to participate in legal violations is prohibited (Lab. Code § 1102.5).
• Workplace Safety Complaints: Complaints about unsafe conditions are protected (Lab. Code § 6310).
• Industry example: Healthcare (Kaiser Permanente): If you worked in a hospital or clinic and believe you were fired for reporting unsafe patient care or discrimination, see our Kaiser Permanente wrongful termination attorney guide.
• Public Policy (“Tameny”) claims: Terminations that violate fundamental public policy can be actionable in tort.

2) Avoid Deadline Mistakes

Common mistake: Missing the correct filing window or choosing the wrong forum.

Why it happens: California and federal systems have different clocks and prerequisites.

Correct approach:

• CRD (FEHA) intake: Generally within 3 years of the last harm; obtain a Right-to-Sue if you plan to file in court. CRD
• EEOC (federal): File a charge within 300 days in California (a deferral state). EEOC
• Labor Commissioner retaliation complaints: Many must be filed within 1 year (see DLSE guidance). DLSE
• Common-law wrongful termination (public policy) lawsuit: Often a 2-year statute of limitations under CCP § 335.1 (confirm for your facts). Text

3) Document and Report Properly

What to do now:

• Preserve termination emails, write-ups, performance reviews, and any texts/notes showing the reason for discharge.
• Record dates you reported discrimination, safety violations, or wage issues (relevant to retaliation protections in Lab. Code §§ 98.6, 1102.5, 6310). § 98.6§ 1102.5§ 6310
• Choose the right forum: discrimination/harassment/retaliation under FEHA → CRD; wage or safety retaliation → Labor Commissioner; federal discrimination → EEOC (often cross-filed). CRDDLSEEEOC

Result when steps are followed: Timely filing preserves claims and remedies under state and federal law; agencies can investigate, seek reinstatement/back pay, or issue right-to-sue notices. See CRD and EEOC filing guidance. CRDEEOC

FAQs

What qualifies as wrongful termination in California?

Examples include firings based on protected characteristics or for opposing/reporting such conduct under FEHA (Gov. Code § 12940), whistleblowing (Lab. Code § 1102.5), or reporting unsafe conditions (Lab. Code § 6310). CRD1102.56310

How long do I have to file?

Generally: CRD intake within 3 years of the last harm; EEOC within 300 days in California; many Labor Commissioner retaliation complaints within 1 year; common-law wrongful termination (public policy) lawsuits often within 2 years (CCP § 335.1). Verify which deadline applies to your facts. CRDEEOCDLSECCP § 335.1

Can I be fired for reporting illegal activity or unsafe conditions?

No. Retaliation for reporting suspected legal violations or unsafe conditions is prohibited (Lab. Code §§ 1102.5, 6310). 1102.56310

Does “at-will” mean my employer can fire me for any reason?

California is generally at-will, but employers cannot fire for unlawful reasons (e.g., discrimination, retaliation, or violations of public policy). Lab. Code § 2922CRD

Call Rager & Yoon

For help with Wrongful Termination in Los Angeles, CA, contact Rager & Yoon Employment Lawyers at (213) 255-4165.