Wrongful Termination
Standing Up for Employee Rights in California
In California, employment is generally “at will,” meaning that either the employee or employer can end the working relationship at any time, for any reason or no reason at all. But this rule has important limitations. Employers cannot fire someone for an unlawful reason, in violation of public policy, or in breach of an employment agreement. When they do, the termination may be considered “wrongful” under the law.
At In Motion Law, APC, we represent employees who believe they were unlawfully terminated and also advise employers facing such claims. Because we understand the concerns and goals on both sides, our lawyer offers strategic guidance designed to achieve practical, fair outcomes while upholding the law.
What Makes a Termination “Wrongful” in California?
Not every unfair or unexpected termination qualifies as wrongful under the law. Wrongful termination occurs when an employee is fired in violation of state or federal law, a written or implied contract, or established public policy.
For employees, this often means being terminated for a reason that is legally protected. For employers, it means that even if the employment relationship is at will, termination decisions must still comply with anti-discrimination statutes, labor laws, and company policies. Terminations motivated by bias, retaliation, or the exercise of legally protected rights may expose an employer to liability, even if no written employment contract exists.
Common Grounds for Wrongful Termination Claims
Employees may have a wrongful termination claim if they were fired for reasons such as:
- Discrimination: Firing an employee based on race, gender, age, disability, religion, national origin, sexual orientation, or another protected characteristic violates both federal law (such as Title VII or the ADA) and California law under the Fair Employment and Housing Act (FEHA).
- Retaliation: Terminating an employee for engaging in a protected activity — such as reporting harassment, filing a wage complaint, or cooperating in a workplace investigation — is unlawful. California law provides strong protections against employer retaliation.
- Whistleblower Activity: Employees who report illegal conduct, safety violations, or fraud may be protected under California whistleblower statutes and federal laws. Firing an employee for making such a report, even internally, can form the basis of a wrongful termination claim.
- Violation of Public Policy: This can include firing an employee for taking legally protected leave (such as under the FMLA or CFRA), refusing to engage in illegal conduct, or exercising a right like filing a workers’ compensation claim.
- Breach of Contract: If an employee has a written contract promising job security or specific termination procedures, and the employer fails to follow those terms, the firing may be wrongful. Even without a written agreement, certain statements or policies may create an implied contract that is enforceable in court.
Wrongful termination claims can arise from a single conversation or build over time through patterns of conduct, but the legal framework remains the same: employers must have a lawful basis for ending the employment relationship.
The Wrongful Termination Claims Process in California
For employees, the first step in pursuing a wrongful termination claim often begins with filing a complaint with the appropriate agency. If the claim is based on discrimination or retaliation, it must typically be filed with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). These agencies investigate and may pursue enforcement actions or issue a “right-to-sue” notice, after which the employee may pursue the claim in court.
The process involves gathering documentation such as termination letters, performance reviews, written communications, and witness statements. The goal is often to establish that the stated reason for termination was a pretext for something unlawful.
In many cases, resolution through negotiation or mediation is possible and often preferred by both parties. When litigation becomes necessary, however, In Motion Law, APC is ready to assert your position confidently in court.
Providing Employer Guidance on Wrongful Termination Risks
For employers, understanding how and when wrongful termination claims arise is essential to minimizing legal risk. We work with California businesses to develop clear employment policies, train supervisors on compliant termination practices, and ensure that termination decisions are well-documented and supported by legitimate business reasons.
In Motion Law, APC can also conduct pre-termination risk assessments, guide internal investigations, and assist with severance agreements that include appropriate legal protections. When claims do arise, we provide assertive representation and work to resolve disputes efficiently, whether through negotiation, administrative proceedings, or litigation.
Employers should not wait until a lawsuit is filed to consult with legal counsel. Preventative planning, consistent documentation, and respectful workplace culture go a long way toward avoiding wrongful termination claims altogether.
Remedies and Outcomes
For employees who have been wrongfully terminated, potential remedies include reinstatement, back pay, front pay, compensatory damages, and attorney’s fees. In cases involving especially egregious conduct, punitive damages may also be available under California law.
Employers may defend against wrongful termination claims by showing a legitimate, non-discriminatory reason for the termination, properly documented and supported by evidence. They may also raise defenses based on contractual terms or failure by the employee to exhaust administrative remedies.
Because of the potential complexity and emotional charge of these cases, it’s crucial to have experienced legal representation to work through both the legal and practical aspects of a wrongful termination dispute.
A Balanced, Strategic Approach to Wrongful Termination Claims
Whether you’re an employee who was fired unjustly or an employer facing a legal challenge to your employment decision, In Motion Law, APC is here to help. We don’t take shortcuts, and we don’t push clients into one-size-fits-all solutions. We take the time to understand the facts, analyze the risks, and craft a strategy that serves your long-term interests.
With years of experience representing employees and employers in employment disputes, attorney Jack H. Pogosian brings a rare combination of courtroom readiness and client-centered guidance to every case. Our firm offers skilled legal counsel with a commitment to quality, integrity, and results.
Contact In Motion Law, APC today to speak with an employment law attorney about your wrongful termination matter. We serve clients throughout California.
