Wrongful Termination in California: Your Rights
Understanding wrongful termination protections in California. This guide covers at-will exceptions, protected classes, whistleblower protections, and how to file a claim.
Data last updated: Jan 15, 2025Key Takeaways
- At-will employment: Yes.
- Public policy exception: Recognized.
- Implied contract exception: Recognized.
- Filing deadline: 3 years for CRD/DFEH complaints; 300 days for EEOC (dual filing).
At-Will Employment in California
California is an at-will employment state. Employers can terminate employees for any lawful reason or no reason at all.
Recognized Exceptions
- Public policy
- Implied contract
- Statutory protections (FEHA)
Protected Classes
In addition to federal protections, California prohibits employment discrimination based on:
- Race
- Color
- Religion
- Sex
- Gender identity
- Gender expression
- Sexual orientation
- National origin
- Ancestry
- Age (40+)
- Disability
- Medical condition
- Genetic information
- Marital status
- Military/veteran status
- Reproductive health decisions
Whistleblower Protections
Extensive protections under Labor Code ยงยง 1102.5-1106. Protects employees who report suspected violations of law to government or law enforcement.
Filing a Claim
Back pay, front pay, reinstatement, emotional distress damages, punitive damages, attorney fees, and injunctive relief.
California Civil Rights Department (CRD, formerly DFEH) website
Related Resources
Frequently Asked Questions
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What makes California's wrongful termination laws unique?
California has some of the strongest employee protections in the nation under FEHA, including the broadest list of protected classes and a 3-year filing deadline.
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What is FEHA?
The Fair Employment and Housing Act is California's comprehensive anti-discrimination law. It applies to employers with 5 or more employees and covers more classes than federal law.
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Can I sue my employer directly in California?
After filing a complaint with CRD and receiving a right-to-sue letter, you can file a lawsuit in civil court. CRD may also investigate and pursue action on your behalf.
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Does California recognize the covenant of good faith exception?
Yes. California is one of about 11 states that recognize this exception, meaning terminations made in bad faith to deprive an employee of earned benefits may be actionable.