What counts as wrongful termination in California?

At-will, and what it really means

Absent a contract saying otherwise, employment with no specified term can be ended by either side at any time (Labor Code § 2922), for any lawful reason or no reason. Being fired unfairly, abruptly or for something trivial is generally not, by itself, unlawful.

That is the default. Wrongful termination law consists of the exceptions to it.

The exceptions that matter

Termination because of a protected characteristic, such as race, religion, sex, gender identity, disability, age (40 and over) or sexual orientation (Government Code § 12940(a); the discrimination provisions generally cover employers with five or more employees, § 12926(d)). Termination in retaliation for asserting a legal right — reporting harassment, complaining about or claiming unpaid wages, taking protected leave, reporting a suspected violation of law, refusing to do something unlawful (for example Government Code § 12940(h); Labor Code §§ 98.6, 1102.5). Termination that breaches an actual contract, written or implied. And termination that violates a fundamental public policy (Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167).

Retaliation claims come up often, and the timing they depend on is frequently documented in the employer's own records — schedules, emails, reviews.

Why timing is the central fact

Many retaliation cases turn on sequence: you did the protected thing, and then something changed. Shifts cut, performance reviews that suddenly diverge from years of history, a role restructured. For some protected activity — such as a wage complaint — adverse action within 90 days creates a rebuttable presumption of retaliation (Labor Code § 98.6(b)(1)).

This is why writing down dates matters more than characterizing motives. A clean timeline is persuasive; an argument about what someone was thinking is much harder to prove.

Preserve the record before you lose access

Once employment ends, so does access to email, systems and documents. Forward nothing confidential, but do keep copies of your own performance reviews, offer letter, handbook and any correspondence about the issue you raised.

Common questions

They gave a reason that is obviously untrue. Is that enough?

A shifting or demonstrably false explanation can be significant evidence, because it invites the inference that the real reason is being concealed. It is not automatically decisive, but it matters.

I was laid off with others. Can it still be retaliation?

Sometimes. A reduction in force can be genuine and still be applied selectively. The question is how the selection was made and whether it correlates with something protected.

How long do I have?

Employment claims have their own deadlines, some considerably shorter than general civil claims, and some require an administrative step first. For example, a discrimination, harassment or retaliation claim under the Fair Employment and Housing Act must generally be filed with the California Civil Rights Department within three years (Government Code § 12960(e)(5)), and a lawsuit filed within one year of the right-to-sue notice (§ 12965(c)); a retaliation complaint to the Labor Commissioner generally must be filed within one year One further pause: if you appeal the CRD's decision to close your complaint, the one-year suit deadline is paused until the CRD confirms the closure on appeal, and you get one more year after that confirmation (SB 477, effective January 1, 2026). Check early — use the deadline checker and confirm with an attorney.

Official sources

About this guide
Last reviewed October 2026 by the LA Law Hub editorial team against the official sources listed above. Laws, court rules, fees and local ordinances change, and how they apply depends on facts this guide cannot know. LA Law Hub is not a law firm. This guide is general information, not legal advice, and reading it does not create an attorney-client relationship. For advice about your own situation, speak with a lawyer licensed in California.

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