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Posted on January 30, 2026 | By Omid Nosrati | Wrongful Termination
When an employee is let go for improper reasons, it is legally known as wrongful termination. In California, workers are protected by labor laws. If you have been unlawfully fired from your job, you may have grounds for a legal claim. Knowing how to win a wrongful termination case in California, as well as knowing your rights and how to navigate the court system, can greatly improve your chances of winning a case for wrongful termination.
Wrongful termination happens when an employer violates state or federal laws when firing an employee. In California, many employees work under at-will employment, which means they can be fired for any reason, at any time, with or without notice. However, there are exceptions to this rule, and if an employee is terminated in violation of these exceptions, they have grounds for a wrongful termination claim.
Typical reasons for wrongful termination include:
Not every termination that feels wrong qualifies as unlawful. This distinction is important, given that 1.7 million Americans were discharged in November 2025 alone. In California, employers can terminate someone for any reason as long as it is not based on discrimination or violates an existing contract agreement. Personality conflicts, arbitrary management decisions, economic factors, and poor worker performance can all be valid reasons for letting someone go.
Illegal terminations are different. When someone is fired in violation of a law, the employer can be held liable. Common examples of unlawful termination include firing someone based on discrimination or retaliating against an employee for reporting misconduct. Whistleblowers receive important protections in California.
Workers cannot lawfully be discharged for requesting protected leave or becoming pregnant.
Workplace retaliation is one common cause of wrongful terminations. California’s Labor Commission handles many of these complaints, and the backlog of retaliation claims reached 4,878 in 2023. Employees who are illegally terminated have the right to secure legal representation before pursuing compensation from their former employer.
Wrongful termination is rarely proven by a single piece of evidence. Rather, government agencies and the courts look at the facts, and the burden is on the employee to present evidence supporting their claim. Central to a wrongful termination claim is an examination of whether the employer’s stated reason for firing a worker is genuine or merely a cover for unlawful conduct.
The employee must show that the employer’s actions were unlawful. They may present evidence of discrimination or retaliation. The employee does not necessarily have to prove that the employer’s intent was unlawful, only that the circumstances of the termination show that a law was violated.
Employers are not passive actors in these processes. They may present counterarguments defending their actions. They may also present evidence that they claim shows poor performance or restructuring issues. On paper, these arguments may appear legitimate. To win a wrongful termination claim, a worker may have to show one or more of the following:
Given the complexities of these cases, having legal representation can prove crucial for protecting your right to compensation. An attorney can work with you to anticipate your ex-boss’s potential next moves and arguments.
Filing a wrongful termination claim in California involves a series of steps. It is crucial to follow these steps carefully to ensure that your case is considered valid by the court.
Winning a wrongful termination case hinges on strong evidence. Start by collecting the following:
Depending on the circumstances of your wrongful termination, filing a claim with a state or federal agency might be necessary before taking the case to court. In California, two primary agencies handle employment-related complaints:
Both agencies have strict time limits for filing complaints, so it’s important to act quickly.
Navigating California’s labor laws can be complex, so it is highly recommended to hire an experienced employment attorney who focuses on wrongful termination cases. A lawyer can help you build a strong case, represent you in settlement negotiations, and file a claim if necessary.
Once you’ve completed the administrative steps, such as filing a complaint with the CRD or EEOC, your attorney can file a claim against your former employer. The complaint will outline your wrongful termination claim, detailing how the employer violated the law.
Winning a wrongful termination claim requires convincing evidence, skilled legal representation, and a well-prepared case. Having the appropriate amount of strong evidence will be instrumental in your case. Some important things that you will need to have a successful claim after you have completed the previous required steps include:
With 88,531 cases reviewed in 2024 alone, Wrongful termination cases are a common complaint fielded by the U.S. Equal Employment Opportunity Commission (EEOC). Whether you file a complaint with a government agency or work with a lawyer to take a case to court, your top priority should be to hire a wrongful termination lawyer who understands wrongful termination laws.
Legal representation from a California wrongful termination attorney could prove crucial for your wrongful termination case. A California wrongful termination attorney understands the burden of proof that must be met for proving these types of employment law claims.
They can manage the complexities of gathering evidence, filing complaints, and representing your interests during negotiations with your employer. If your employer denies liability, your lawyer can focus on the evidence and the documented harm you suffered when seeking maximum compensation for the harm you endured.
The average settlement for wrongful termination in California is not always the same. It depends on the details of the case, like lost wages, mental distress, and how the company behaved. There are many things that affect the final amount awarded, such as the strength of the evidence, the types of laws that were broken, such as discrimination, retaliation, etc., and whether the case goes to trial or is settled before it goes to court.
In California, an employer can be held liable for wrongful termination if they fire a worker for unlawful reasons, including discrimination (based on age, gender, or race), retribution for engaging in protected activities such as whistleblowing, or breach of an employment contract. It is also unacceptable to fire someone for refusing to participate in an unlawful activity or for utilizing their legal rights, such as taking medical leave.
Wrongful termination cases can be difficult to win since the employee must provide evidence that their discharge was unlawful. Although assembling solid proof and hiring legal counsel improve the odds, employers frequently contend that the dismissal was justified due to performance-related issues. On the other hand, strong cases with obvious violations can succeed.
What makes a retaliation case in California strong is clear proof that the employee did something legally protected, like reporting discrimination or violations at work, and that the employer directly punished them by firing them. Using proof from records and witnesses to show a link between the action and the response makes the case stronger.
If you need assistance navigating a wrongful termination claim, Nosratilaw, A Professional Law Corporation, can help. Contact us today to speak with a team member to get started. Our team is dedicated to serving the unique needs of each client. We use our knowledge and experience so you can confidently confront the legal road ahead.
