Not every firing is illegal — but some are.
California law makes a key distinction between unfair treatment and unlawful treatment. Many employees feel their termination was unjust, and often it is. But for a termination to be wrongful under the law, it must violate a clear public policy — such as discrimination, retaliation, or the exercise of protected rights.

Most workers in California are at-will employees, meaning they can be terminated at any time and for almost any reason, with or without cause or notice. The major exceptions are employees with a written or implied employment contract limiting termination to “for cause” situations, and certain public employees who are protected by civil service or union rules.

However, even at-will employees cannot be fired for unlawful reasons. A termination is wrongful when it violates California public policy, such as the policies embodied in the Fair Employment and Housing Act (FEHA), the Labor Code, or other statutes. Common examples include firing an employee for:

• Reporting harassment, discrimination, or unsafe working conditions

• Taking protected medical, family, or pregnancy leave

• Refusing to engage in unlawful activity

• Exercising the right to overtime pay, rest breaks, or accurate wage statements

• Belonging to or supporting a protected group (race, gender, age, disability, etc.)

When a termination crosses the line from unfair to unlawful, the employee may have a claim for wrongful termination in violation of public policy, often referred to as a Tameny claim (from Tameny v. Atlantic Richfield Co., 27 Cal.3d 167 (1980)). Remedies can include reinstatement, back pay, emotional distress damages, and attorney’s fees under California law.

At Levine Labor Law, we help workers determine whether their termination was simply unfair — or legally wrongful — and we fight to hold employers accountable when they break the law.