Can I Sue for Wrongful Termination in California?
The short answer is yes – if the reason you were fired violates California law, you can sue. The more useful question is whether you have enough evidence to make the case, and whether the potential recovery justifies the time and effort involved. This page addresses both.
As an alternative to filing a lawsuit, you may also have the option of pursuing confidential severance or settlement negotiations.
You Don't Need a Written Contract to Sue
The right to bring a wrongful termination claim doesn’t come from having a contract – it comes from the law. The vast majority of California wrongful termination cases involve employees who were hired at-will, with no formal employment agreement. What matters is whether the reason for the firing was illegal, not whether there was paperwork.
That said, if you do have a written contract that limits the employer’s right to terminate for e.g. for good cause, that strengthens your position. It just isn’t a prerequisite.
Who Has a Viable Claim
Viability comes down to two things: a legally cognizable reason for the termination, and evidence to support it.
The legally cognizable reasons are well-established: discrimination based on a protected characteristic, retaliation for a protected activity, violation of a fundamental public policy, breach of an implied contract. What qualifies is addressed in detail in our companion article on what constitutes wrongful termination in California.
The evidence question is more case-specific. Employers rarely document the actual reason for a discriminatory or retaliatory firing because they are trying to hide it. Cases are often built on circumstantial evidence – timing, inconsistencies in explanations, comparative treatment of similarly-situated employees, emails and text messages that suggest what was actually motivating the decision. Please note that circumstantial evidence is treated the same way as direct evidence by the Courts. An experienced employment attorney can review the specific facts and tell you honestly whether the evidence points in a useful direction.
The Process: How a California Wrongful Termination Lawsuit Actually Works
The process varies depending on the theory of the claim, but here’s how it typically unfolds:
For FEHA Claims - Discrimination and Retaliation Based on Protected Characteristics
Before you can file a civil lawsuit based on the Fair Employment and Housing Act, you are required to exhaust administrative remedies. That means filing a complaint with the California Civil Rights Department (CRD, formerly called the DFEH). This step is mandatory – a court will dismiss a FEHA lawsuit that skips it.
In practice, attorneys routinely request an “immediate right to sue” notice from the CRD, which allows the case to proceed to court without waiting for the agency’s own investigation. The notice triggers a one-year deadline to file the civil complaint.
Highly advisable for you to have an attorney complete this part of the process because you may forget to include relevant information that would impact your case.
For Tameny and Other Claims
Claims based on public policy violations, implied contract, or the implied covenant of good faith can generally go straight to court without an administrative filing. These claims are subject to their own statutes of limitations.
Once in Court
Most employment cases follow this trajectory: initial pleadings and motions, written discovery (interrogatories, document requests), depositions, pre-trial motions (often including a motion for summary judgment by the employer), and then either settlement or trial. The great majority of cases resolve before trial – through direct negotiation, mediation, or sometimes a mandatory settlement conference ordered by the court.
The timeline from filing to resolution typically runs between one and three years, depending on the court, the complexity of the case, and how aggressively both sides litigate.
Deadlines - The Most Time-Sensitive Issue
Without speaking with an attorney, you are unlikely to know what theories of liability or claims you have and which deadlines apply to those claims. Please contact us for a free consultation at your earliest opportunity.
One set of facts may give rise to multiple claims and theories of liability. Which is more advantageous to you? Which to pursue? When to pursue? These are just some the issues tht are relevant to determining your deadlines.
This deserves direct emphasis: California wrongful termination claims have strict, unforgiving filing deadlines.
Below are some of the deadlines:
- FEHA claims (discrimination, retaliation): generally three years from the unlawful act to file with the CRD, then one year from the right-to-sue notice to file in court
- Tameny / public policy claims: two years from the termination (California’s personal injury statute of limitations)
- Breach of implied oral contract: two years
- Breach of implied written contract: four years
Missing any of these deadlines is fatal to the claim – regardless of how strong it is on the merits. Courts do not extend them because a case is compelling or because the employee was busy looking for work. If you believe your termination was unlawful, protecting your deadline is the first priority.
What Does It Cost to Sue for Wrongful Termination?
For most California employees, the answer is nothing upfront. Employment attorneys, including this firm, typically take wrongful termination cases on a contingency fee basis. That means no retainer, no hourly rate, no payment for attorney fees and time and efforts unless the case results in a recovery. The attorney’s fee is a percentage of what’s recovered.
This structure matters practically. It means access to legal representation doesn’t depend on having money saved. And it aligns the attorney’s financial interests with the client’s – the attorney only profits from a successful outcome.
What You Need to Prove
The specific elements of proof vary by the legal theory, but across most wrongful termination claims, you’ll need to establish:
- An employment relationship existed
- The employer terminated that employment
- The reason for the termination was unlawful
- You suffered damages as a result
Each phase presents its own difficulties. As to the first, employer may deny relationship by claiming that you were an Independent Contractor or by claiming that you were an employee of another entity, which turns out to be just an alter-ego of the employer.
Some employees are terminated outright but some employees are forced out of their job. Whether there was a termination may be in dispute.
One thing worth understanding about the third element: employers rarely admit to discriminatory or retaliatory motives. This does not mean that you will not prevail simply because the employer is lying. That’s not a weakness – courts regularly find liability based on circumstantial evidence.
The ability to prove an employment case comes from specialization. Please review the Firm’s website for whether they actually specialize in this area of law.
What Damages Can You Recover?
If the case is successful – whether through settlement or verdict – recoverable damages typically include:
- Back pay: lost wages and benefits from the date of termination to the date of resolution. If there was a failure to promote, back pay may extend earlier. There is also back pay for failure to wages or benefits owed.
- Front pay: lost future earnings
- Emotional distress damages: compensation for the psychological harm caused by the unlawful termination
- Punitive damages: available in cases involving malicious, oppressive, or fraudulent conduct
We cover this in more depth in our article on damages in California wrongful termination lawsuits.
An Honest Perspective
After a termination, you may be hurt, confused, lied to and attempts may be made to coerce you to sign a severance package without informed consent.
A Company and its HR Department is advised and guided by an Attorney. You should have the same benefit.
The most useful thing an Attorney can do in the early stages is give you an honest assessment of where the evidence points, what the realistic range of outcomes looks like, and whether pursuing a claim makes sense given the facts. That conversation is worth having early.
Learn more about how California wrongful termination law applies to your situation on our wrongful termination attorney page.
Ready to Talk About Your Case?
Employee Rights Attorney Group offers confidential consultations – no fees unless we win. If you believe your termination was unlawful, the sooner you speak with an attorney the better your position. Call us at (310) 300-3435 or contact us online.
