The at-will rule has real exceptions. Prosecuting the exceptions is what wrongful termination cases are about.
California law lets employers fire employees for any reason, no reason, or a bad reason — but not for an unlawful reason. Unlawful reasons include: taking protected leave (FMLA, CFRA, pregnancy disability), reporting illegal activity (whistleblower, Labor Code § 1102.5), refusing to break the law, exercising a statutory right (workers' compensation, wage claim), or membership in a protected class.
What we handle in these cases.
Every wrongful termination case turns on causation. Was the termination motivated, at least in part, by the protected activity or protected class? Circumstantial evidence — the timing of discipline, changes in performance reviews, comparisons with similarly situated employees — carries most of the load.
- Firings following protected leave (FMLA, CFRA, pregnancy)
- Firings after reporting harassment, discrimination, or safety issues
- Firings after filing a workers' compensation claim
- Firings that violate California public policy (Tameny claims)
- Firings that breach an implied contract
- Constructive discharge (forcing a resignation through intolerable conditions)
What California law says.
California recognizes wrongful termination in violation of public policy under Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167. Statutory claims include Labor Code § 1102.5 (whistleblower), Government Code § 12940 (FEHA discrimination and retaliation), and Labor Code § 132a (workers' compensation retaliation). Statute of limitations is typically two to three years, but shorter windows apply for CRD administrative filing.
If you were fired within days or weeks of taking leave, filing a complaint, or reporting something illegal, the timing itself is powerful evidence. Do not wait — the personnel file gets sanitized fast.
How the case actually gets built.
Every case John accepts follows the same structural approach. Preserve the evidence early. Interview witnesses while memory is fresh. Get the documentary record — HR file, medical records, police reports, ELD data, surveillance video — under a preservation letter before it disappears. Frame the case for trial from day one, even if it settles at mediation months later.
Wrongful termination cases usually rise or fall on the personnel file. Was the write-up dated to look like it predated the complaint? Were performance reviews retroactively downgraded? Did HR generate documentation to build a paper case after the termination decision was already made? Metadata pulls and comparator evidence are how these cases get won.
Fees and timeline.
Contingency fee. No fee unless we recover. Wrongful termination cases typically resolve at mediation within six to twelve months of the demand letter, though complex cases can take longer.
Employers document. If the documentation shows up right before the firing, that timing is the case.
Ready to talk?
Consultations are free and confidential. When you call the firm, you speak with John. Same-day response. Se habla español.