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California runs on at-will employment. Labor Code section 2922 says a job with no set term can end at the will of either side, which means an employer can usually let someone go without giving a reason, and a worker can quit the same way. That statute is where most “they can’t do that, can they?” questions start. The honest answer is that they often can, unless the firing crosses one of the lines California law draws around at-will. Those lines are what turn an ordinary termination into a wrongful one. Here are the exceptions that come up most in Los Angeles cases.
California recognizes a claim called wrongful discharge in violation of public policy, named after Tameny v. Atlantic Richfield Co. (1980). The rule is straightforward: an employer cannot fire you for a reason the law forbids, even in an at-will job. That covers firing someone for refusing to break the law, for reporting illegal conduct, for taking leave the law protects, or for using a legal right such as filing a workers’ compensation claim. A Tameny claim is one of the more common ways a Los Angeles wrongful termination case reaches court.
At-will is the default, not an ironclad rule. In Foley v. Interactive Data Corp. (1988), the California Supreme Court held that an employer’s own conduct can create an implied agreement not to fire without good cause. Long tenure, steady promotions, positive reviews, verbal assurances of job security, and language in a handbook can all point to an implied contract. When that promise exists and the employer breaks it, the firing can be wrongful even with no discrimination in the picture.
The Fair Employment and Housing Act, Government Code section 12940, makes it unlawful to fire someone because of a protected characteristic: race, sex, pregnancy, age (40 and older), disability, religion, national origin, sexual orientation, or gender identity, among others. FEHA also bars retaliation against a worker who reports discrimination, requests a disability accommodation, or takes protected leave. A termination that looks like a business decision on paper can still be a FEHA violation if the real reason was a protected trait or protected activity.
Labor Code section 1102.5 protects employees who report what they reasonably believe is a violation of a law or regulation, whether they report it to a government agency or to a manager with authority to address it. An employer that fires a worker for blowing the whistle faces a retaliation claim, and section 1102.5 has become one of the stronger tools California gives employees.
You do not always have to be formally fired. When an employer makes working conditions so intolerable that a reasonable person would feel forced to quit, the law can treat that resignation as a termination. This is constructive discharge, and it lets an employee who walked away still bring a wrongful termination claim when the pressure to leave was itself unlawful.
The California WARN Act, Labor Code section 1400 and following, requires larger employers to give 60 days’ written notice before a mass layoff, a relocation, or a plant closing. An employer that shuts down or lays off a group of workers without that notice can owe back pay and benefits for the notice period. Cal-WARN reaches further than the federal WARN Act, so a layoff that was legal under federal rules can still break California’s.
Most wrongful termination lawsuits for Los Angeles workers are filed in Los Angeles County Superior Court. Unlimited-civil cases, the ones seeking more than the state’s limited-jurisdiction threshold, are commonly heard at the Stanley Mosk Courthouse at 111 North Hill Street in downtown Los Angeles. Cases from the San Fernando Valley are sometimes assigned to the Van Nuys courthouse instead, depending on where the events happened and how the court routes the matter. Before most discrimination-based suits reach any courtroom, though, there is an administrative step to clear first.
If your claim is built on FEHA, meaning discrimination or retaliation under Government Code section 12940, you cannot go straight to court. You first file a complaint with the California Civil Rights Department, formerly the DFEH, and request a right-to-sue notice. That notice is the document that opens the courthouse door. You can ask for an immediate right-to-sue to move quickly, or let the agency investigate first. Federal claims run through the EEOC on a parallel track.
Deadlines depend on which claim you bring, and getting them wrong can end a case before it starts. Under FEHA, you generally have three years from the date of the violation to file with the Civil Rights Department, a window AB 9 extended from one year, effective 2020, and then one year from the right-to-sue notice to file the lawsuit. A public-policy (Tameny) claim follows the two-year personal-injury deadline in Code of Civil Procedure section 335.1. A claim on a written employment contract generally runs four years. A section 1102.5 whistleblower claim is usually governed by a three-year limit. Because the same firing can support more than one claim with different clocks, the safest move is to have the dates checked early rather than assume the longest one applies.
Compensation for the income the employee would have earned from the time of the wrongful termination until the case is resolved.
Payment for earnings the employee is expected to lose in the future, including regular wages and potential overtime opportunities.
Reimbursement for employment benefits the worker lost due to termination, such as health insurance, retirement contributions, or bonuses.
Compensation for the mental and emotional suffering caused by the wrongful termination.
Additional damages awarded to punish an employer for especially malicious or reckless conduct.
Recovery of the expenses associated with hiring a lawyer and pursuing the legal claim.
Ask your employer for all records, notices, or documents that explain or support the reasons for your termination.
Keep copies of all work-related emails, performance evaluations, and correspondence that may help support your claim.
Do not sign any agreements before consulting an experienced attorney to protect your rights.
Reach out to a qualified employment lawyer who can evaluate your case and guide you through the legal process.
Our office sits at 21031 Ventura Boulevard, Suite 103, in Woodland Hills, which is part of the City of Los Angeles and Los Angeles County. We represent employees across the Los Angeles area, from the Valley to the Westside to downtown, out of that local office, and we file in the same Los Angeles County courts their cases belong in. If meeting in person is easier for you, the office is on Ventura Boulevard; if a call or video meeting works better, we do that instead.
Wrongful termination lawsuits for Los Angeles employees are filed in Los Angeles County Superior Court. Unlimited-civil cases are commonly heard at the Stanley Mosk Courthouse at 111 North Hill Street in downtown Los Angeles, while matters from the San Fernando Valley are sometimes assigned to the Van Nuys courthouse. If your claim is based on discrimination or retaliation under FEHA, you first file with the California Civil Rights Department and get a right-to-sue notice before the case goes to court.
At-will employment, set by Labor Code section 2922, lets either side end the job without a reason, but it has limits. A firing becomes wrongful when it crosses one of them: termination for a reason that violates public policy (a Tameny claim), discrimination or retaliation under FEHA, whistleblower retaliation under Labor Code section 1102.5, breach of an implied contract not to fire without cause, or conditions so intolerable they amount to constructive discharge. At-will is the default, not a blank check.
It depends on the claim. FEHA discrimination and retaliation claims generally give you three years to file with the California Civil Rights Department, then one year from the right-to-sue notice to file suit. A public-policy (Tameny) claim follows a two-year deadline, and a written-contract claim generally four years. Whistleblower claims under Labor Code section 1102.5 usually run three years. Because one firing can involve several of these clocks, it is worth having the dates reviewed quickly.
Not before someone reads it. A severance agreement almost always asks you to release your right to sue, sometimes for far less than a claim might be worth, and it can include terms that limit what you can say afterward. There is usually no rule forcing you to sign on the spot. Have an employment attorney review the agreement first so you understand what you would give up and whether the offer is reasonable for your situation.
Unfair treatment alone is not always illegal; a wrongful termination claim needs a connection between the firing and an unlawful reason. That link is usually built from documents and timing: emails, performance reviews, HR complaints, and the sequence of events, such as a termination that lands soon after you reported harassment or asked for a medical accommodation. Witness accounts help. Keeping your own records and getting them in front of an attorney early is the practical way to show the real reason behind the decision.
Remedies vary with the claim, but they can include back pay for wages lost since the firing, front pay for future earnings, the value of lost benefits, and damages for emotional distress. In cases involving especially serious employer misconduct, punitive damages may be available, and several employment statutes let a prevailing employee recover attorney’s fees. Reinstatement is possible in some cases. No lawyer can promise a specific figure. The amount turns on the facts and the law that applies.
Possibly. If your employer made conditions so intolerable that a reasonable person would have felt forced to resign, California law can treat that as constructive discharge, a resignation the law counts as a termination. The key question is whether the pressure that pushed you out was itself unlawful, such as ongoing harassment or retaliation. If you left under those circumstances, it is worth having the facts reviewed before assuming you have no case.
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