They told you it was "restructuring," "a bad fit," or "just business." But if the real reason was your age, a complaint you filed, an injury you reported, or a leave you took, California law calls that wrongful termination.
California has the strongest employee protection framework in the United States. Bakersfield workers who suspect they were fired for an illegal reason have three years to file a discrimination charge with the California Civil Rights Department under Government Code § 12960, and one year after the right-to-sue notice to file suit under Government Code § 12965. Depending on the theory, separate deadlines run under the Labor Code, the CFRA, and federal statutes.
Understanding which clock is running, and how the FEHA differs from federal Title VII, is often the difference between full recovery and a case that dies at the courthouse door.
Serving Bakersfield, Delano, Ridgecrest, Tehachapi, McFarland, Wasco, Shafter, Arvin, and all of Kern County | Free confidential consultation | Contingency representation
Key Takeaways
- Three-year CRD deadline: Government Code § 12960 gives you three years from the termination to file a discrimination charge with the Civil Rights Department.
- One-year suit deadline after right-to-sue: Once the CRD issues a right-to-sue notice, Government Code § 12965 gives you one year to file in Kern County Superior Court.
- FEHA covers employers with 5+ employees: Government Code § 12926(d), far broader than federal Title VII’s 15-employee threshold.
- Whistleblower protection: Labor Code § 1102.5 bars termination for reporting suspected legal violations; attorney fees are recoverable under § 1102.5(j).
- Workers’ comp retaliation: Labor Code § 132a prohibits firing an employee for filing a workers’ compensation claim.
- Damages uncapped in FEHA cases: Unlike federal Title VII, California FEHA imposes no statutory cap on emotional distress or punitive damages.
- Do not sign the severance offer: Employer severance agreements almost always waive your right to sue. Get counsel before signing.
Wrongfully terminated in Bakersfield or Kern County? Free confidential consultation.
What “Wrongful Termination” Actually Means in California
California is an at-will employment state under Labor Code § 2922, which means either the employee or the employer can end the relationship without cause. But the at-will presumption has extensive statutory and common-law exceptions.
A termination is “wrongful” when it violates a specific California or federal statute, an express or implied employment contract, or the public policy of the State of California. The distinction matters because “unfair” firings are not actionable. “Unlawful” firings are.
The Three Doctrinal Buckets
Every California wrongful termination claim fits into one or more of three buckets. Most serious cases plead all three in the alternative.
- Statutory violation (FEHA, Labor Code, federal statutes). Firing based on membership in a protected class, in retaliation for protected activity, or for exercising a statutory right.
- Breach of contract. Termination in violation of an express written contract, an implied-in-fact contract (based on handbook language, longevity, promises), or the implied covenant of good faith and fair dealing.
- Common-law tortious discharge in violation of public policy (Tameny claim). Named after Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167, the California Supreme Court decision that recognized a tort remedy when firing violates a fundamental public policy tied to a constitutional, statutory, or regulatory provision.
The Fair Employment and Housing Act (FEHA): The Workhorse Statute
Most Bakersfield wrongful termination cases are built on the Fair Employment and Housing Act at Government Code § 12900 et seq. FEHA is broader than federal Title VII in three important ways: it covers smaller employers (5+ employees), it protects more classes, and its damages are not statutorily capped.
Protected Classes Under Gov. Code § 12940
FEHA prohibits termination based on race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (40 and over), sexual orientation, veteran or military status, and reproductive health decisionmaking.
California added reproductive health decisionmaking as a protected class in 2022, effective January 1, 2023. Several categories (gender identity, gender expression, veteran status) are not protected under federal Title VII.
The FEHA Administrative Filing Process
Before filing suit under FEHA, an employee must file a charge with the California Civil Rights Department (CRD, formerly DFEH) within three years of the termination under Government Code § 12960(e)(5). The CRD investigates, may attempt mediation, and eventually issues a right-to-sue notice.
From the date of the right-to-sue notice, the employee has one year to file suit under Government Code § 12965(c)(1). Missing either deadline is fatal.
Dual Filing With the EEOC
In cases that also implicate federal Title VII, the ADEA, or the ADA, the employee should dual-file with the federal Equal Employment Opportunity Commission. The EEOC has a 300-day deadline in California (a “worksharing state”) that runs faster than the FEHA three-year clock.
Dual filing preserves both state and federal remedies. It is often the single most important procedural decision in the case.
Why FEHA Is More Valuable Than Federal Title VII in California
Federal Title VII caps compensatory and punitive damages combined, based on employer size, at as little as $50,000 and no more than $300,000. FEHA has no such cap.
Emotional distress damages, punitive damages, and attorney fees under Government Code § 12965(b) are all uncapped. In a serious discrimination case against a mid-size Bakersfield employer, the difference between filing under FEHA versus Title VII can literally be seven figures.
Practical implication: even when a federal claim exists, most California employment lawyers plead FEHA as the lead cause of action and use the federal statute as a backup. Your lawyer should be building the case around FEHA from day one.
Whistleblower and Retaliation Protections
Retaliation is the fastest-growing category of employment claims nationally. In California, the framework is broader than federal law.
Labor Code § 1102.5: The General Whistleblower Statute
Labor Code § 1102.5(b) prohibits an employer from retaliating against an employee who discloses information the employee reasonably believes evidences a violation of state or federal statute, rule, or regulation. Protection applies whether the disclosure is internal (to a supervisor) or external (to a government agency). Prevailing employees recover attorney fees under Labor Code § 1102.5(j).
The California Supreme Court’s 2022 decision in Lawson v. PPG Architectural Finishes (2022) 12 Cal.5th 703 clarified that the plaintiff’s burden of proof under § 1102.5 is the more favorable “contributing factor” standard from Labor Code § 1102.6, not the traditional McDonnell Douglas burden-shifting framework.
Labor Code § 6310: Safety Complaints (Cal/OSHA)
Termination for reporting workplace safety hazards or filing a Cal/OSHA complaint is separately barred under Labor Code § 6310. The statute is often overlooked but is a strong tool in cases involving industrial, agricultural, and oil-field employers common in Kern County.
Labor Code § 132a: Workers’ Compensation Retaliation
Firing an employee for filing or intending to file a workers’ compensation claim violates Labor Code § 132a. The remedy is presented to the Workers’ Compensation Appeals Board, not the superior court, and includes reinstatement, back pay, and up to $10,000 in additional compensation.
A Tameny common-law claim may run in parallel to the § 132a proceeding, though the interaction is technical and requires careful case coordination.
Sarbanes-Oxley, Dodd-Frank, and Other Federal Whistleblower Statutes
Employees at publicly traded companies, financial services firms, and government contractors have additional federal protections. SOX (18 USC § 1514A) and Dodd-Frank (15 USC § 78u-6) both provide reinstatement, back pay, and (under Dodd-Frank) potential double back pay for retaliation against SEC whistleblowers.
Protected Leave: CFRA, FMLA, and Pregnancy Disability Leave
Termination during or immediately after protected leave is one of the most common wrongful termination fact patterns in Bakersfield.
California Family Rights Act: Gov. Code § 12945.2
CFRA provides up to 12 weeks of job-protected leave per 12-month period for the employee’s serious health condition, to care for a family member, or for baby-bonding. As of 2021, CFRA covers employers with 5 or more employees, much broader than federal FMLA’s 50-employee threshold.
Termination during CFRA leave, or immediately upon return, is prima facie evidence of retaliation.
Federal FMLA: 29 USC § 2601 et seq.
FMLA provides similar 12-week leave rights for eligible employees of employers with 50+ employees. CFRA and FMLA typically run concurrently for eligible California employees, but the differences matter.
CFRA covers same-sex domestic partners without limitation, and now designated persons under recent amendments, while FMLA is more restrictive on family relationships.
Pregnancy Disability Leave: Gov. Code § 12945
Separate from CFRA, California employers with 5+ employees must provide up to four months of pregnancy disability leave under Government Code § 12945. This is in addition to any CFRA baby-bonding leave.
The Wrongful Termination Deadline Map
The single fastest way to lose a strong case is to miss a deadline. Each claim theory carries its own clock. In Bakersfield practice, we track them all in parallel from the first client intake.
| Claim theory | Deadline | Statute |
|---|---|---|
| FEHA discrimination: file charge with CRD | 3 years from termination | Cal. Gov. Code § 12960(e)(5) |
| FEHA: file suit after right-to-sue notice | 1 year from right-to-sue date | Cal. Gov. Code § 12965(c)(1) |
| Federal Title VII / ADEA / ADA: EEOC charge | 300 days (California worksharing) | 42 USC § 2000e-5(e) |
| Federal Title VII: file suit after EEOC right-to-sue | 90 days from EEOC right-to-sue | 42 USC § 2000e-5(f) |
| Labor Code § 1102.5 whistleblower | 3 years from termination | CCP § 338(a) |
| Labor Code § 132a workers' comp retaliation (WCAB) | 1 year from discriminatory act | Cal. Lab. Code § 132a(1) |
| Tameny common-law wrongful termination in violation of public policy | 2 years from termination | CCP § 335.1 |
| Written contract breach | 4 years from breach | CCP § 337 |
| Oral / implied contract breach | 2 years from breach | CCP § 339 |
| Cal/OSHA § 6310 safety complaint retaliation: DLSE | 6 months to file complaint | Cal. Lab. Code § 98.7 |
The severance trap. Employers frequently offer severance within days of termination. Every severance agreement contains a release of claims, usually broad enough to cover every statute in the table above. Signing without counsel typically extinguishes your entire case for a fraction of what it might be worth. Do not sign until you have had the agreement reviewed. Most reviews take under an hour.
What You Can Recover in a Bakersfield Wrongful Termination Case
California damages in wrongful termination cases run wider than federal cases. Under FEHA, nothing is capped, attorney fees are recoverable, and punitive damages track the constitutional single-digit-multiplier framework rather than a statutory number.
| Damage category | What it covers | Cap |
|---|---|---|
| Back pay | Lost wages, benefits, bonuses from termination through judgment | No cap; reduced by mitigation earnings |
| Front pay | Future lost earnings when reinstatement is impractical | No cap; court's equitable discretion |
| Lost benefits | Health insurance premiums, 401(k) match, pension accrual, PTO cash-out | No cap |
| Emotional distress | Anxiety, depression, humiliation, damage to professional reputation | Uncapped in FEHA; capped $50K-$300K in Title VII |
| Punitive damages | Malice, oppression, or fraud under Civil Code § 3294 | Uncapped in FEHA; capped in Title VII; constitutional single-digit multiplier |
| Attorney fees | Prevailing plaintiff recovers reasonable fees | Cal. Gov. Code § 12965(b); Cal. Lab. Code § 1102.5(j) |
| Costs and expert fees | Filing, deposition, expert witness costs | Cal. Gov. Code § 12965(b) |
| Injunctive relief | Reinstatement, expungement of personnel file, policy changes | Court's equitable discretion |
The Kern County Scenarios We See Most Often
Oil-Field Retaliation
Kern County's oil-and-gas industry produces frequent § 6310 safety and § 1102.5 whistleblower claims. Documentation of hazard reports is central.
Agricultural Discrimination
National origin, language, and disability discrimination in packing houses, dairies, and farm-labor operations across the Central Valley.
Workers' Comp Retaliation
Firing after a filed comp claim: a § 132a WCAB claim plus a Tameny common-law tort claim.
Pregnancy/CFRA Termination
Termination during or immediately after CFRA leave. Timing alone is often sufficient for a prima facie case.
Age Discrimination (40+)
Reduction-in-force cases that disproportionately target older workers. Comparator analysis and RIF selection criteria drive the case.
Sexual Harassment Retaliation
Firing after complaining about workplace harassment. Separate FEHA and Title VII causes of action.
Disability Accommodation Refusal
Termination instead of interactive process under Gov. Code § 12940(n). California interactive process obligation is strict.
Wage-and-Hour Retaliation
Firing after complaining about unpaid overtime, meal periods, or PAGA notice. Labor Code § 98.6.
Public-Sector Employment
Kern County government, City of Bakersfield, and school district cases carry additional procedural rules (Government Tort Claims Act).
The First 30 Days After a Bakersfield Termination
What happens in the first month shapes the entire case. Evidence disappears, witnesses relocate, and severance deadlines run.
Days 1-3, document everything immediately. Write down every detail of the termination meeting: date, time, participants, exact words used, reasons given. Save all employer communications from the day.
Days 4-7, preserve digital evidence. Personal-account emails, text messages, LinkedIn messages, and any documents you legitimately possess. Do not access company systems after termination, because that itself can create liability.
Days 8-10, do not sign the severance. If you have received a severance offer, calendar the deadline but do not sign. Get counsel before responding.
Days 11-14, file for unemployment insurance with EDD. Unemployment benefits are separate from a wrongful termination claim; filing is your right. Contest any employer misconduct allegation on the EDD determination.
Days 15-18, assess dual filing. Federal claims (Title VII, ADEA, ADA) require an EEOC charge within 300 days. If any federal theory is available, cross-file with EEOC and CRD.
Days 19-24, retain counsel. Employment attorneys almost universally offer free consultations. Retention is contingency-fee, with no upfront cost.
Days 25-28, personnel file demand. Under Labor Code § 1198.5, you have the right to inspect and copy your personnel file within 30 days of a written request; your attorney should send this demand immediately.
Day 30, case theory set. Your counsel identifies which claims to plead, which agencies to file with, and the deadline map for every viable cause of action.
The first 30 days matter most. Free confidential consultation, Kern County-wide.
Common Mistakes That Damage Bakersfield Wrongful Termination Cases
- Signing the severance agreement without counsel. Almost every severance contains a release; you often waive claims worth many multiples of the severance offered.
- Venting on social media. Every post is evidence. Employers screenshot LinkedIn and Facebook the day after termination. Do not post about the termination, the employer, or your emotional state.
- Deleting emails or documents. Spoliation of evidence can devastate your case. Preserve everything you legitimately possess.
- Missing the CRD three-year deadline. Even though three years feels long, the parallel EEOC 300-day deadline is much shorter. Do not wait.
- Continuing to work company systems after termination. Never. Return devices, revoke credentials, and do not access anything.
- Waiting to consult counsel. Free consultations exist for a reason. Delayed retention loses evidence, witnesses, and sometimes deadlines.
- Trying to handle the CRD investigation alone. The CRD investigation shapes the eventual lawsuit. Employer counsel is present. You should have counsel too.
Why Kern County Workers Choose Goldberg & Loren
- No fee unless we win. Every wrongful termination case is contingency. No hourly billing, no retainer, no upfront costs.
- California statutory depth. FEHA, Labor Code §§ 1102.5, 132a, 98.6, 6310, 1198.5, and the CFRA/FMLA framework: the specific statutes that decide these cases.
- Kern County venue familiarity. Bakersfield’s Superior Court, the CRD Fresno district office, and the federal Eastern District of California.
- Dual-filing discipline. Every case that qualifies is dual-filed CRD/EEOC from day one to preserve every remedy.
- Damages architecture. Back pay, front pay, uncapped emotional distress, punitive damages, and § 12965(b) attorney fees built into every damages model.
- Statewide reach. Bakersfield, Delano, Ridgecrest, Tehachapi, and all of California.
Frequently Asked Questions
It depends on the theory. FEHA discrimination: 3 years to file a CRD charge (Gov. Code § 12960), then 1 year to file suit after the right-to-sue notice (Gov. Code § 12965). Federal Title VII: 300 days to file an EEOC charge in California, then 90 days after the right-to-sue notice.
Whistleblower under Labor Code § 1102.5: 3 years. Common-law Tameny: 2 years. Workers' comp retaliation under § 132a: 1 year to the WCAB. Do not wait. The fastest deadline governs.
The at-will presumption of Labor Code § 2922 is real but riddled with statutory and common-law exceptions. An employer cannot fire you for a reason that violates a statute (FEHA, Labor Code, federal), breaches an express or implied contract, or violates public policy (Tameny). Every California wrongful termination case starts with identifying which exception applies.
No. Title VII requires 15+ employees. But California's FEHA covers employers with 5 or more employees under Gov. Code § 12926(d). Most small-employer discrimination cases in California are FEHA cases, not Title VII cases, precisely because FEHA reaches farther. Do not assume you have no claim because federal law does not apply.
The big three: uncapped emotional distress damages, uncapped punitive damages, and attorney fees under Gov. Code § 12965(b). Title VII caps compensatory and punitive damages combined at between $50,000 and $300,000 based on employer size. FEHA has no such cap. In serious cases against mid-size Bakersfield employers, the difference can be seven figures.
Not without counsel. Every severance agreement contains a release of claims. That release almost always extinguishes your entire wrongful termination case. The severance offered is typically a fraction of what a valid case may be worth. Get an employment attorney to review any offer. Most reviews take under an hour and are provided as part of a free consultation.
Two potential remedies. Under Labor Code § 132a, you can file a claim with the Workers' Compensation Appeals Board within one year of the discriminatory act. Remedies include reinstatement, back pay, and up to $10,000 in additional compensation. Separately, you may have a common-law Tameny claim in superior court under a two-year statute for wrongful termination in violation of public policy. The two proceedings can run in parallel with careful coordination.
Not automatically, but very close. Under CFRA (Gov. Code § 12945.2) and FMLA (29 USC § 2601 et seq.), termination during or immediately after protected leave is prima facie evidence of retaliation. The employer must then articulate a legitimate non-retaliatory reason, and you have the opportunity to prove that reason is pretextual. Timing alone often carries the case a long way.
Yes, under FEHA and Tameny, in cases of malice, oppression, or fraud (Civil Code § 3294). FEHA has no statutory cap on punitives. The U.S. Supreme Court's constitutional "single-digit multiplier" guidance from State Farm v. Campbell is the practical ceiling.
In egregious cases (deliberate discrimination, coverup, executive-level involvement), punitives can substantially exceed compensatory damages.
The CRD investigation typically takes 6-18 months. If mediation fails, filing suit adds another 12-24 months to trial or settlement. Most cases settle in the pretrial phase after key depositions. Total elapsed time from termination to resolution: usually 18-30 months. Cases that go to jury verdict take 24-42 months.
No. Bakersfield wrongful termination cases are handled on contingency. The firm gets paid a percentage of the recovery only if the case succeeds. No hourly fees, no retainer, no upfront costs. FEHA and Labor Code § 1102.5 also authorize the court to award reasonable attorney fees to the prevailing employee, meaning your net recovery is often larger than a straight contingency percentage suggests.
Wrongfully terminated in Bakersfield or Kern County?
Free consultation.
Goldberg & Loren employment lawyers, serving Bakersfield and all of California.
Sources and Authorities:
- California Government Code § 12900 et seq.: Fair Employment and Housing Act (FEHA)
- California Government Code § 12926(d): 5-employee threshold for FEHA coverage
- California Government Code § 12940: Prohibited discrimination and retaliation
- California Government Code § 12945: Pregnancy disability leave
- California Government Code § 12945.2: California Family Rights Act (CFRA)
- California Government Code § 12960(e)(5): 3-year CRD filing deadline
- California Government Code § 12965: Right-to-sue notice and 1-year suit deadline; attorney fees (leginfo.legislature.ca.gov)
- California Labor Code § 132a: Workers’ compensation retaliation
- California Labor Code § 1102.5: General whistleblower protection
- California Labor Code § 1102.6: Whistleblower “contributing factor” burden of proof
- California Labor Code § 1198.5: Personnel file inspection right
- California Labor Code § 2922: At-will employment presumption
- California Labor Code § 6310: Cal/OSHA safety complaint retaliation
- California Labor Code § 98.6: Wage-and-hour retaliation
- California Labor Code § 98.7: DLSE 6-month complaint window
- California Civil Code § 3294: Punitive damages standard
- California Code of Civil Procedure § 335.1: 2-year Tameny SOL
- California Code of Civil Procedure § 337, § 338, § 339: Contract and statutory SOLs
- Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167: Common-law wrongful termination tort
- Lawson v. PPG Architectural Finishes, Inc. (2022) 12 Cal.5th 703: Whistleblower contributing factor standard
- Title VII of the Civil Rights Act of 1964: 42 USC § 2000e et seq.
- Family and Medical Leave Act: 29 USC § 2601 et seq.
- Sarbanes-Oxley Act whistleblower protection: 18 USC § 1514A
- Dodd-Frank Act SEC whistleblower protection: 15 USC § 78u-6
- California Civil Rights Department (CRD): calcivilrights.ca.gov/employment (retrieved 2026-07-18)
- U.S. EEOC, Remedies for Employment Discrimination (Title VII $50,000-$300,000 damage caps): eeoc.gov/remedies-employment-discrimination (retrieved 2026-08-08)
- U.S. EEOC, Time Limits for Filing a Charge (300-day worksharing deadline): eeoc.gov/time-limits-filing-charge (retrieved 2026-08-08)
- U.S. Department of Labor FMLA: dol.gov/agencies/whd/fmla (retrieved 2026-07-18)
