If you were fired unfairly, the first step is to determine whether the termination violated California law and to preserve evidence immediately. Not every unfair firing is illegal, but many terminations involve discrimination, retaliation, or breach of legal protections. If you were fired unfairly, reach out to our proven Los Angeles wrongful termination lawyer for a free case evaluation.
Step One: Clarify the Reason for Termination
Request a clear explanation for the termination. Employers often provide written notice or reference performance concerns, restructuring, or policy violations. Compare the stated reason to your employment history, prior evaluations, and disciplinary record. Inconsistencies between the explanation and documented performance may become important later. Maintain copies of:
- Termination notices.
- Performance evaluations.
- Written warnings or disciplinary records.
- Employment contracts or offer letters.
- Severance agreements.
Accurate documentation strengthens any potential claim.
Step Two: Identify Possible Legal Violations
California law prohibits termination for unlawful reasons, even in at-will employment. A firing may be illegal if it involves:
- Discrimination based on race, disability, age, gender, pregnancy, religion, national origin, sexual orientation, or another protected characteristic.
- Retaliation for reporting harassment, discrimination, wage violations, or safety concerns.
- Termination after requesting medical leave or reasonable accommodations.
- Firing for refusing to engage in illegal conduct.
Violation of an employment contract or implied agreement.
If the termination occurred shortly after engaging in protected activity, that sequence may support a retaliation claim you can file with a Los Angeles retaliation attorney.
Step Three: Preserve Evidence
Keep all emails, text messages, or documents that relate to your employment. Including communications that show performance history, complaints, accommodation requests, or management responses. Make notes describing conversations or events that occurred before the termination, including dates and witnesses. If coworkers observed relevant conduct, record their names. Witness testimony may be critical later to support your position.
Step Four: Avoid Signing a Severance Agreement
Employers frequently offer severance packages in exchange for a release of claims. These agreements often include:
- Release of legal claims.
- Confidentiality provisions.
- Non-disparagement clauses.
- Non-compete or non-solicitation restrictions.
- Deadlines for acceptance.
Certain agreements provide a limited period for review, especially in age-related terminations. It is highly in your best interests to have an employment attorney in LA review it before signing.
Step Five: Speak to an Employment Attorney
An employment attorney can evaluate whether the employer’s stated reason holds up against the evidence and determine whether the termination supports claims for discrimination, retaliation, or wrongful discharge. They can also communicate with the employer, negotiate severance terms, and file necessary administrative complaints when appropriate.
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Common Signs You Were Fired Unfairly
Certain warning signs may suggest that a termination was unlawful:
- Termination shortly after reporting discrimination, harassment, wage violations, or safety concerns.
- Discipline that increases after requesting medical leave or disability accommodations.
- Performance criticisms that contradict prior positive evaluations.
- Inconsistent or changing explanations for the firing.
- Unequal treatment compared to similarly situated employees.
- Termination soon after disclosing pregnancy, disability, age, or another protected characteristic.
What Compensation May Be Available in a Wrongful Termination Claim?
When a termination violates California law, an employee may be able to recover:
- Back pay for lost wages and benefits from the date of termination to resolution.
- Front pay for future lost earnings when reinstatement is not practical.
- The value of lost benefits such as health insurance, retirement contributions, or bonuses.
- Emotional distress damages for anxiety, humiliation, or reputational harm.
- Attorney’s fees and litigation costs in qualifying cases.
- Punitive damages when the employer acted with fraud, oppression, or malice.
In some cases, reinstatement to the former position may also be available.