Common Unlawful and Illegal Terminations in California

Illegal Reasons for Firing Employees in California

A majority of workers assume their jobs are never truly secure under California’s at-will employment rules. Yet the reality is far more complex and protective than many realize.

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While employers hold broad authority, a patchwork of state and federal laws sharply limits when and how someone can be let go.

Understanding these rights helps both employees and employers avoid legal missteps and ensure fair treatment in the ever-changing workplace.

California At-Will Employment and Protection Laws

California operates under the at-will employment doctrine, which traditionally allows employers to terminate employees without providing specific reasons. However, this principle has been significantly eroded by numerous legal protections that shield workers from unfair dismissal.

While employers technically retain broad termination rights, state and federal laws have created crucial safeguards preventing arbitrary or discriminatory workplace actions.

Under California’s at-will framework, employers can technically dismiss employees for any reason – or no reason at all – with some critical exceptions. These protections emerge from various legal sources, including the California Labor Law 2025 updates, which continue expanding worker rights.

The fundamental limitations on at-will termination include preventing dismissals based on discriminatory grounds, retaliatory actions, or violations of public policy.

The nuanced landscape of California employment law means that while at-will status provides flexibility for employers, it does not grant unlimited power.

Key restrictions include prohibitions against terminating employees for:

Reporting workplace discrimination or harassment
Filing workers’ compensation claims
Participating in legal investigations
Refusing to perform illegal activities
Exercising fundamental legal rights like jury duty

Employers who violate these protections can face substantial legal consequences, including potential wrongful termination lawsuits that may result in financial damages, reinstatement, and additional penalties.

Workers experiencing suspicious terminations should carefully document the circumstances and consult with employment law professionals to understand their rights under California’s comprehensive worker protection framework.

Discrimination-Based Firing: Protected Characteristics

California employment law provides robust protections against workplace discrimination, recognizing that terminating employees based on specific personal characteristics is fundamentally unjust.

The California Civil Rights Department enforces comprehensive regulations that shield workers from unfair treatment across multiple protected categories, ensuring employers cannot make employment decisions based on inherent personal attributes.

The state’s legal framework identifies numerous protected characteristics that employers cannot use as grounds for termination, including:

Race and national origin
Religion and religious practices
Gender and gender identity
Sexual orientation
Age (particularly for workers over 40)
Disability status
Pregnancy and related medical conditions
Genetic information
Marital status
Military or veteran status

Interestingly, California law goes beyond simple single-characteristic protections. Senate Bill 1137 recognizes intersectionality, acknowledging that discrimination can occur when multiple protected characteristics intersect.

This means an employer cannot discriminate against an employee based on a combination of attributes, such as being a woman of color or an older worker with a disability.

Employers who violate these discrimination protections face significant legal consequences, including potential lawsuits, financial penalties, and mandatory reinstating of terminated employees.

Workers who believe they have experienced discriminatory termination should document all relevant interactions, collect supporting evidence, and consult with an employment law professional to understand their rights and potential legal recourse.

Retaliation and Whistleblower Protections

California law provides comprehensive protections for employees who report workplace misconduct, ensuring workers can speak up about illegal activities without fear of professional repercussions.

The state’s robust legal framework shields employees from adverse employment actions taken in response to engaging in legally protected activities, recognizing that workplace transparency and accountability are fundamental to maintaining ethical business practices.

Starting January 1, 2024, Senate Bill 497 introduces a critical legal safeguard by establishing a rebuttable presumption of retaliation.

Under this new legislation, if an employer takes adverse action against an employee within 90 days of the employee engaging in protected conduct, the law presumes the action is retaliatory. The burden then shifts to the employer to demonstrate legitimate, non-retaliatory reasons for the employment action.

Protected activities that qualify for whistleblower protections include:

Reporting workplace safety violations
Reporting harassment or discrimination
Filing workers’ compensation claims
Participating in workplace investigations
Refusing to perform illegal or unethical tasks
Reporting wage and hour violations
Cooperating with government investigations

Employees who experience retaliation for engaging in these protected activities have significant legal recourse.

Workers’ comp retaliation lawyers can help employees document and pursue claims, potentially securing remedies such as job reinstatement, back pay, compensation for emotional distress, and additional punitive damages designed to discourage future retaliatory behaviors by employers.

Termination Violating Public Policy or Contracts

California law provides robust protections against terminations that violate fundamental principles of public policy, recognizing that certain employment actions can undermine broader societal interests and individual rights.

California Government Code § 12940 establishes clear guidelines prohibiting terminations that contradict established legal and ethical standards, ensuring employees cannot be fired for reasons that fundamentally conflict with public welfare.

Terminations that violate public policy typically involve situations where an employee is discharged for:

Refusing to perform illegal activities
Reporting criminal conduct or workplace violations
Exercising a statutory right (like voting or serving on a jury)
Whistleblowing about unsafe or unethical practices
Participating in legal investigations
Discussing workplace wages or working conditions
Complaining about workplace discrimination

Beyond public policy violations, California employment contracts provide additional layers of protection. Implied contract exceptions to at-will employment can arise when employers create reasonable expectations of job security through employee handbooks, verbal assurances, or established workplace practices.

If an employer terminates an employee in a manner inconsistent with these implied contractual understandings, the employee may have grounds for a wrongful termination claim.

Wrongful termination lawyers can help employees navigate these complex legal landscapes, evaluating whether a termination represents an illegal breach of public policy or contractual obligations. Potential remedies may include job reinstatement, back pay, compensation for emotional distress, and punitive damages designed to discourage future unlawful employment practices.

Recognizing Wrongful Termination and Employee Rights

Wrongful termination represents a critical violation of employee protections in California, occurring when an employer fires a worker for illegal or discriminatory reasons.

California Civil Rights Department guidelines establish clear standards for identifying and challenging unlawful dismissals, ensuring workers have robust mechanisms to defend their professional integrity and legal rights.

Employees should recognize several key indicators of potential wrongful termination:

Firing occurs immediately after reporting workplace harassment
Termination follows requests for reasonable workplace accommodations
Dismissal happens after participating in a workplace investigation
Getting fired for refusing to engage in illegal activities
Losing a job after discussing wages or working conditions
Being let go based on protected personal characteristics
Experiencing retaliation for whistleblowing or filing complaints

The burden of proof in wrongful termination cases typically falls on the employee, requiring comprehensive documentation of the circumstances surrounding the dismissal.

Critical evidence can include:

Performance reviews showing positive work history
Documented communications with supervisors
Witness statements
Emails or messages demonstrating discriminatory intent
Records of protected activities preceding termination

Bakersfield employment lawyers can help workers navigate the complex legal landscape of wrongful termination claims. Potential remedies may include financial compensation, job reinstatement, back pay, and additional damages designed to address the emotional and professional harm caused by unlawful dismissal.

Protect Your Rights Against Illegal Termination in California

Losing your job for illegal reasons is not just unfair it is against California law. If you suspect that your dismissal was due to discrimination retaliation or violation of public policy you are not alone.

The pain of wrongful termination can be overwhelming but you have rights designed to protect you from such abuse.

At Goldberg & Loren, our skilled wrongful termination lawyers are dedicated to fighting for employees who face unlawful job loss. With over 120 years of combined legal experience we know how to navigate complex employment laws and hold employers accountable.

Don’t wait while your opportunity to act fades. Visit us today and take immediate steps to protect your future and pursue the justice you deserve.

Frequently Asked Questions

What are some common illegal reasons for termination in California?

Common illegal reasons include:

firing an employee for reporting workplace discrimination,
filing workers’ compensation claims,
participating in legal investigations,
or exercising fundamental legal rights like jury duty.

How does California’s at-will employment doctrine affect termination rights?

While California follows the at-will employment doctrine, it provides critical protections preventing employers from terminating employees for discriminatory or retaliatory reasons and violations of public policy.

What should I do if I suspect I was wrongfully terminated?

Document the circumstances surrounding your termination, including communications and witness statements. Consult with an employment law professional to assess your rights and potential next steps.

What legal protections exist against retaliation for reporting misconduct?

California law protects employees from adverse actions if they report misconduct such as workplace safety violations, harassment, or discrimination. Retaliation claims can be bolstered by new legislation that presumes retaliatory motives under certain conditions.