Being fired is never easy. But when you know or suspect that your termination was not fair, the inevitable question arises: “Can I sue for wrongful termination?”
The answer is yes, in many cases you do have that right… but you need to understand when it is considered illegal, what evidence you can use, and what steps you must take to protect yourself.
In California, most employment relationships are “at-will,” which means your employer can end your contract almost at any time. However, that does NOT give them permission to fire you for discriminatory reasons, retaliation, or in violation of your legal rights. The law is clear: if your employer terminated you for prohibited reasons, you can sue and seek justice.
According to the California Civil Rights Department (CRD), firing you because of your race, gender, age, religion, disability, gender identity, or sexual orientation is considered illegal discrimination.
But discrimination is not the only valid reason to sue. You may also have a strong case if you were fired for exercising your rights, such as requesting medical leave, demanding safe working conditions, or reporting workplace harassment. The Department of Industrial Relations (DIR) states that firing a whistleblower is a serious violation and constitutes retaliation.
When can you sue for wrongful termination?
You can file a lawsuit when your termination is related to:
- Discrimination (age, gender, pregnancy, sexual orientation, race, etc.)
- Retaliation for reporting irregularities or harassment
- Requesting protected medical leave (such as FMLA or CFRA)
- Refusing to engage in illegal activities
- Reporting unsafe working conditions
If any of these situations happened to you, your employer did not only act wrongly: they acted illegally.
What evidence can you use?
Everything matters, more than you think:
- Emails or messages where you reported abuses
- Witnesses who know how you were treated
- Inconsistent performance evaluations
- Sudden changes in your duties before being fired
- Offensive or discriminatory comments
The more documentation you have, the stronger your case will be.
Why hire an attorney?
Because facing your employer and their insurance company alone can be exhausting and confusing. At Lara & Luna APC, we have represented hundreds of workers in California who were wrongfully terminated. We guide you step-by-step, explain your rights, and fight for what you deserve: compensation for damages, lost income, and when appropriate, penalties against the company.
You do not have to accept an unfair termination. You have rights. You have a voice. And the law is on your side.