Losing your job is bad enough, but to be fired for an unlawful reason can upend your life. What’s worse is that most unlawful firings in California are subtle, often disguised by legitimate-sounding policies and/or paperwork.
The employment lawyers at Justice Law Corporation are usually the first people an employee consults after a wrongful termination. So, let’s start with what not to do and what to look for if you suspect you were illegally fired.
Illegal Firings in California
California is an “at-will” employment state. “At-will” means an employer can fire someone for almost any reason, or no reason at all. However, let’s be clear: “Almost” does not mean the employer is “always” right to do so.
California law and the U.S. Constitution say you cannot be fired for the following:
Discriminatory purposes: Discriminating against you because of a protected trait (e.g., age, disability, pregnancy, sex, gender identity, sexual orientation, race, color, national origin, ancestry, religion, marital status, medical condition, genetic information, or military/veteran status)
Retaliatory purposes: Retaliating against you because you engaged in a protected activity, including reporting harassment or discrimination, taking medical or pregnancy leave, requesting a disability accommodation, reporting unsafe work conditions, or talking about unpaid wages or overtime
Public policy concerns: Violating public policy, such as firing you for refusing to break the law or for engaging in a legal right or duty (e.g., jury duty or voting)
Whistleblowing: Punishing whistleblowing, including truthful internal or external reports of illegal conduct
If the true reason for your firing is one of the above, and not the reason the employer gave you, you may have a wrongful termination claim.
The Subtle Signs That a Firing May Be Wrongful
Wrongful termination can look a bit different from the loud, dramatic firings you see on TV. Instead of screaming bosses and showy firings, here’s what to watch for:
Timing that’s “too convenient”
You reported harassment, took medical leave, requested a schedule change for childcare, or raised a safety issue — and within days or weeks, you were written up or fired. When protected activity and discipline are close in time, their proximity can signal retaliation.
A sudden change in performance reviews
You go from “star employee” to “chronic underperformer” overnight with no change in duties or output. If performance reviews, emails, or sales/metric records don’t line up with a negative story out of nowhere, that can show pretext (a phony reason to hide an unlawful one).
Rules are selectively enforced
You get terminated for a minor policy violation, but others outside your protected class have committed the same offense and only received a warning or no action at all. Unequal application of rules can suggest discrimination.
Changed duties that set you up to fail
Your workload becomes impossible, you get fewer accounts, or your hours are cut after you disclose a pregnancy, disability, caregiving need, or return from leave. Moves like these can be part of a scheme to push you out, called constructive termination.
“Cultural fit” or vague reasons
Buzzword-laden reasons, such as “not aligned with our values,” “attitude issues,” or “personality conflicts,” with no specifics could be a smoke screen. Insist on an explanation in writing.
Comments that show possible bias
Offhand remarks about age (“We need fresh blood, not someone in their 40s”), motherhood (“We need this role to have 100% dedication”), or accents/appearance that link a negative decision to a protected trait can help show the connection between bias and the firing.
Retaliation for pay or hour complaints
Warnings, schedule cuts, or firing on the heels of your questioning unpaid overtime, skipped breaks, off-the-clock work, or other pay-related issues are a classic pattern of retaliation.
Punishment for accommodation requests
Examples of such requests involve a stool to sit on due to a medical condition, a screen reader, or a temporary light-duty accommodation, which may be followed by discipline or termination. Denying reasonable accommodations or retaliation for accommodation requests can be deemed illegal. Common examples we see include backlash against pregnancy or parental leave.
A reduction in force that isn’t neutral
This includes a reduction in force that seems to target older workers, employees returning from leave, or other workers who complained about harassment or discrimination.
Backlash for speaking up
Reporting a manager for harassment or wage theft, and soon after finding yourself on a PIP (performance improvement plan) for minor or made-up issues, is a common tactic employers use to terminate employees.
The Handwriting’s on the Wall: What To Do
The signs of your termination are appearing slowly, but surely. If this is the case, our employment lawyers suggest you start doing the following:
- Write down your timeline. Dates are important. Note when you engaged in protected activity, what you said, who was present, and when narratives about your performance changed.
- Save evidence, but legally. Performance reviews, emails, texts, schedules, pay stubs, handbooks, and screenshots of relevant messages and social media comments can be key. However, don’t keep confidential trade secrets or violate NDAs.
- Identify comparable employees. Who else made similar mistakes or had similar metrics but were treated differently?
- Keep track of your medical and financial records. If the firing led to health stress or financial harm, keep records.
- Don’t sign away rights under pressure. Severance agreements typically include broad waivers of claims. Consult with a knowledgeable California employment attorney before signing any documents.
- Act quickly. Deadlines are short on some claims. You may need to file with a state or federal agency first before you can initiate a lawsuit. A quick consult can preserve your options.
How Our Employment Attorneys Can Help
If you believe you may have been illegally terminated in California, Justice Law Corporation can assist you. Here’s our process for moving you from uncertainty to action:
- We listen to your story, clarify your goals, and assess your options without pressure. We lay out what to do next and what not to do in simple terms.
- We map out what evidence matters, where to find it, how to legally preserve it, and what to watch for if the employer’s investigation team interviews you. The strategy we discuss at the beginning of a case helps establish a timeline that links your protected activity to your employer’s decisions.
- Many of the claims we see (e.g., discrimination and retaliation) require filing with a state or federal agency before a lawsuit can be filed. We know the processes and handle the filing and deadlines so you don’t miss your window.
- We negotiate severance and settlement terms that cover your actual losses — compensation, references, non-disparagement that actually protects you, and confidentiality carefully tailored to your specific concerns.
- Sometimes an employer will not deal fairly with you. We’re prepared to litigate and will target documents, data, and testimony that expose pretext and bias in employer decisions.
Our team will keep you informed of where your case stands, what’s next, and why — in plain English, without legalese.
Ready To Talk to a Knowledgeable Employment Lawyer?
If any of the signs above sound familiar, you don’t have to wonder whether what happened was legal. The California employment lawyers at Justice Law Corporation can review your situation, explain your options, and act fast to preserve your claims. Contact us today to discuss the specifics.
