If you believe you were wrongfully terminated, understanding the relevant laws can help you protect your rights and seek justice. Contact our Los Angeles wrongful termination attorneys at Yadegar, Minoofar, & Soleymani LLP today.

Fair Employment and Housing Act (FEHA)

The Fair Employment and Housing Act (FEHA) is California’s primary anti-discrimination law, found under California Government Code § 12940. It prohibits wrongful termination based on:

Race, color, or national origin
Gender, gender identity, or sexual orientation
Age (40 and over)
Disability (mental or physical)
Religion or creed
Marital status or pregnancy

Under FEHA, it is illegal for an employer to fire an employee because of any of these protected characteristics. Additionally, FEHA prohibits retaliation against employees who:

File a discrimination complaint
Participate in an investigation
Testify against the employer in a legal proceeding

Employees who believe they were terminated due to discrimination or retaliation can file a complaint with the California Civil Rights Department (CRD).

California Labor Code

The California Labor Code provides extensive protections against wrongful termination, particularly in cases involving:

Whistleblower Protection

Under California Labor Code § 1102.5, employees are protected from retaliation for reporting violations of state or federal laws or refusing to participate in illegal activities. This includes reporting:

Unsafe working conditions under Cal/OSHA regulations
Wage violations or labor law breaches
Unlawful practices such as discrimination or harassment

Employers cannot fire an employee for whistleblowing or cooperating with law enforcement.

Retaliation for Exercising Employee Rights

California Labor Code also protects employees who exercise their legal rights, including:

Taking legally protected leave, such as family or medical leave under the California Family Rights Act (CFRA).
Filing wage and hour claims for unpaid wages, overtime, or meal and rest breaks.

Terminating an employee for asserting these rights is considered wrongful termination.

California Family Rights Act (CFRA)

The California Family Rights Act (CFRA), under California Government Code § 12945.2, provides eligible employees with:

Up to 12 weeks of job-protected leave for:
- Serious health conditions (personal or family)
- Bonding with a new child (birth, adoption, or foster care)

Reinstatement to the same or a comparable position upon returning from leave

Under CFRA, employers cannot terminate employees for taking or requesting family or medical leave. Employees who face retaliation for exercising CFRA rights can file a complaint with the CRD.

Wrongful Termination in Violation of Public Policy

Wrongful termination in violation of public policy is prohibited under California common law, not a specific statute. This type of wrongful termination occurs when an employer fires an employee for reasons that contradict fundamental public policy. These public policies are often derived from constitutional provisions, statutes, or regulations meant to protect employees or the public. For example, firing an employee for:

Refusing to participate in illegal activities
Reporting workplace safety violations
Exercising a legal right, such as voting or serving on a jury

These protections are grounded in case law, such as Tameny v. Atlantic Richfield Co., which established that employees cannot be terminated for reasons that violate public policy. If an employee is fired for these reasons, they can file a wrongful termination lawsuit under the public policy exception to at-will employment.

Implied Contract and Breach of Good Faith

Under California law, even in at-will employment, wrongful termination can occur if:

An implied contract existed, guaranteeing job security or requiring “just cause” for termination.
The employer acted in bad faith by firing an employee to avoid paying earned commissions, bonuses, or benefits.

Employees can file a breach of contract claim if they can prove an implied agreement existed based on company policies, practices, or verbal assurances.

What to Do If You Believe You Were Wrongfully Terminated

If you suspect wrongful termination, you can file a complaint with the California Civil Rights Department (CRD) or Equal Employment Opportunity Commission (EEOC), depending on the nature of the claim. It is critical to consult our Los Angeles employment lawyers. They can help you understand your legal options and pursue compensation for lost wages, emotional distress, and punitive damages.