California Wrongful Termination Demand Letters

Retaliation, Discrimination, Whistleblower Protections & Public Policy Violations

California Wrongful Termination Legal Framework
Understanding At-Will Employment: California is an "at-will" employment state, meaning employers can generally terminate employees for any reason or no reason. However, this right is NOT absolute. Terminations that violate public policy, discriminate based on protected characteristics, or retaliate against protected activity are illegal and give rise to wrongful termination claims.
Exception 1: Wrongful Termination in Violation of Public Policy

Under the landmark case Tameny v. Atlantic Richfield Co. (1980), California recognizes wrongful termination claims when an employer fires an employee for reasons that violate fundamental public policy. This includes termination for:

  • Refusing to violate the law: Fired for refusing to commit perjury, falsify records, or engage in illegal activity
  • Performing a legal duty: Fired for jury duty, responding to a subpoena, or voting
  • Exercising a statutory right: Fired for filing workers' comp claims, taking FMLA/CFRA leave, or reporting safety violations
  • Reporting violations: Fired for reporting illegal activity to authorities (whistleblowing)
Exception 2: FEHA Discrimination (Gov. Code 12940+)
Fair Employment and Housing Act (FEHA): California's FEHA prohibits employment discrimination based on protected characteristics. Employers with 5+ employees are covered (1+ for harassment). FEHA provides broader protections than federal Title VII.

Protected Characteristics Under FEHA:

Category Protected Characteristics
Personal Identity Race, color, national origin, ancestry, citizenship status, religion, sex, gender, gender identity, gender expression, sexual orientation
Physical/Medical Physical disability, mental disability, medical condition (cancer, HIV/AIDS, genetic characteristics), genetic information, pregnancy, childbirth, breastfeeding
Life Status Age (40+), marital status, military/veteran status, reproductive health decision-making

Prohibited Actions:

  • Terminating based on a protected characteristic
  • Refusing to hire based on a protected characteristic
  • Failing to provide reasonable accommodation for disability or religion
  • Retaliating for opposing discrimination or filing a complaint
  • Harassment based on protected characteristics
Exception 3: Whistleblower Protections (Labor Code 1102.5)
California's Broad Whistleblower Law: Labor Code 1102.5 provides some of the strongest whistleblower protections in the nation. It prohibits retaliation against employees who:
  • Disclose or may disclose information to a government or law enforcement agency
  • Provide information to or testify before any public body conducting an investigation
  • Refuse to participate in an activity that would violate a law, rule, or regulation
The disclosure need only be to a person with authority over the employee or who the employee reasonably believes has authority to investigate. Internal complaints are protected.
Exception 4: Retaliation Claims

Multiple California statutes prohibit retaliation for protected activities:

Protected Activity Statute Protection
Filing wage claims Labor Code 98.6 Cannot retaliate for filing wage complaint or testifying
Workers' compensation Labor Code 132a Cannot fire for filing work comp claim
Safety complaints Labor Code 6310-6312 Cannot retaliate for reporting safety hazards
Family/medical leave Gov. Code 12945.2 Cannot retaliate for taking CFRA leave
Pregnancy leave Gov. Code 12945 Cannot retaliate for pregnancy disability leave
Jury duty Labor Code 230 Cannot fire for jury service
Domestic violence leave Labor Code 230.1 Cannot retaliate for taking DV-related leave
Political activities Labor Code 1101-1102 Cannot retaliate for political activities or affiliations
Exception 5: WARN Act Violations
California WARN Act (Labor Code 1400-1408): Employers with 75+ employees must provide 60 days advance written notice before mass layoffs, relocations, or plant closures affecting 50+ employees. Federal WARN Act has similar requirements for employers with 100+ employees.

WARN Act Requirements:

  • Covered employers: 75+ employees (California) or 100+ employees (federal)
  • Triggering events: Layoff of 50+ employees within 30-day period, plant closure, relocation
  • Notice requirement: 60 days written notice to affected employees, EDD, and local government
  • Penalty for violation: Back pay and benefits for each day of notice violation (up to 60 days)
  • Exceptions: Unforeseen business circumstances, natural disasters, faltering company (limited)
Statute of Limitations
Claim Type Time Limit Notes
FEHA discrimination/retaliation 3 years to file with CRD Extended from 1 year effective 1/1/2020
Wrongful termination (public policy) 2 years Common law tort claim
Labor Code 1102.5 (whistleblower) 3 years Per Labor Code 1102.5(j)
Labor Code 98.6 (wage retaliation) 3 years File with DLSE or court
WARN Act 3 years File in court
Labor Code 132a (work comp retaliation) 1 year File with WCAB
Common Wrongful Termination Issues
1. Retaliation Patterns
Recognizing Retaliation: Retaliation often follows a predictable pattern. Watch for termination shortly after engaging in protected activity, especially if accompanied by pretextual reasons, changed treatment, or increased scrutiny.

Common Retaliation Scenarios:

  • Complaint retaliation: Fired after complaining about harassment, discrimination, safety issues, or wage violations
  • Leave retaliation: Fired during or shortly after taking FMLA/CFRA, pregnancy, or disability leave
  • Workers' comp retaliation: Fired after filing a workers' compensation claim
  • Whistleblower retaliation: Fired after reporting illegal activity to management or authorities
  • Association retaliation: Fired for association with someone who complained or filed a claim

Red Flags Suggesting Retaliation:

  • Short time between protected activity and termination
  • Inconsistent or shifting reasons given for termination
  • Sudden negative performance reviews after years of good reviews
  • Disparate treatment compared to similarly situated employees
  • Comments by supervisors suggesting animus toward protected activity
  • Demotion, reduction in hours, or hostile treatment before termination
2. Discrimination-Based Terminations

Common Discrimination Patterns:

  • Age discrimination: Older workers replaced by younger employees, comments about being "set in your ways" or needing "fresh perspective"
  • Pregnancy discrimination: Termination after announcing pregnancy, during leave, or upon return from maternity leave
  • Disability discrimination: Failure to accommodate disability, termination after requesting accommodation, or termination during medical leave
  • Race/national origin: Disparate treatment, racial comments, being held to different standards than employees of other races
  • Gender discrimination: Glass ceiling, disparate pay, stereotyping, termination after reporting sexual harassment
  • Religious discrimination: Failure to accommodate religious practices, termination for religious expression or observance
Proving Discrimination: Direct evidence of discrimination (discriminatory statements) is rare. Most cases rely on circumstantial evidence: (1) you belong to a protected class; (2) you were qualified and performing satisfactorily; (3) you were terminated; and (4) similarly situated employees outside your protected class were treated more favorably.
3. Whistleblower Terminations

Protected Whistleblower Activities:

  • Reporting fraud, waste, or abuse to supervisors or management
  • Reporting safety violations to Cal/OSHA or management
  • Reporting financial irregularities or accounting fraud
  • Reporting healthcare or patient safety concerns
  • Reporting environmental violations
  • Reporting discrimination or harassment (also protected under FEHA)
  • Refusing to participate in illegal activity
  • Testifying or providing information in investigations
Whistleblower Presumption: Under Labor Code 1102.5(j), if an employee is terminated within 90 days of engaging in protected whistleblowing activity, there is a rebuttable presumption that the termination was retaliatory. This shifts the burden to the employer to prove a legitimate, non-retaliatory reason.
4. Pretextual Termination Reasons

Employers often give false or exaggerated reasons to cover up discriminatory or retaliatory motives. Common pretexts include:

  • "Performance issues": Suddenly cited after years of good performance, especially after protected activity
  • "Restructuring/layoff": But your position is filled by someone else, or only protected employees are laid off
  • "Policy violation": Others committed the same violation without consequence
  • "Poor fit": Vague reason with no documentation
  • "Insubordination": For refusing to do something illegal or reporting misconduct
5. Failure to Accommodate

Under FEHA, employers must engage in a good faith interactive process and provide reasonable accommodation for:

  • Physical or mental disabilities
  • Pregnancy and related conditions
  • Religious beliefs and practices
Termination During Interactive Process: Terminating an employee during the interactive process, or before fully exploring accommodation options, can constitute disability discrimination. Employers must engage in a timely, good faith dialogue about possible accommodations.
6. Constructive Discharge

You may have a wrongful termination claim even if you resigned, if conditions were so intolerable that a reasonable person would feel compelled to quit:

  • Severe or pervasive harassment that management refused to address
  • Demotion or significant pay cut as retaliation
  • Forced transfer to unworkable location or schedule
  • Stripping of job duties or exclusion from meetings
  • Hostile work environment designed to force you out
How to Write Your Wrongful Termination Demand Letter
Step 1: Document Everything
Critical Evidence to Gather:
  • Employment records: Offer letter, employment contract, employee handbook, job description
  • Performance reviews: All reviews, especially those showing good performance
  • Communications: Emails, texts, voicemails with supervisors, HR, or colleagues
  • Termination documents: Termination letter, separation agreement, exit interview notes
  • Protected activity evidence: Written complaints, whistleblower reports, leave requests, accommodation requests
  • Witness information: Names of coworkers who witnessed discrimination, retaliation, or relevant events
  • Comparative evidence: Information about how similarly situated employees were treated
  • Pay records: Pay stubs, bonus records, benefits information for calculating damages
  • Timeline: Detailed chronology of events leading to termination
Step 2: Identify Your Claims

Determine which legal theories apply to your situation:

If You Were Fired For... Your Claim May Be... Legal Basis
Being in a protected class FEHA discrimination Gov. Code 12940(a)
Complaining about discrimination/harassment FEHA retaliation Gov. Code 12940(h)
Reporting illegal activity Whistleblower retaliation Labor Code 1102.5
Filing a wage claim Wage retaliation Labor Code 98.6
Filing workers' comp claim Work comp retaliation Labor Code 132a
Taking FMLA/CFRA leave Leave retaliation Gov. Code 12945.2
Refusing to break the law Public policy violation Tameny v. ARCO
Mass layoff without notice WARN Act violation Labor Code 1400+
Step 3: Calculate Your Damages

Wrongful termination damages can include:

  • Lost wages (back pay): Wages from termination to present, including salary, bonuses, commissions
  • Lost benefits: Health insurance, retirement contributions, stock options, other benefits
  • Future lost wages (front pay): Projected future earnings if reinstatement not feasible
  • Emotional distress: Anxiety, depression, humiliation, loss of sleep, physical symptoms
  • Punitive damages: If employer acted with malice, oppression, or fraud
  • Attorney fees: Under FEHA, Labor Code, and other statutes
Duty to Mitigate: You have a duty to mitigate damages by seeking comparable employment. Keep records of your job search, including applications submitted, interviews attended, and offers received or rejected. Failure to mitigate can reduce your recovery.
Step 4: Format Your Demand Letter
Component What to Include
Header Your name/address, date, employer's name/address, "Sent via Certified Mail"
Subject Line "Demand for Damages for Wrongful Termination" or more specific claim type
Employment Background Position, dates, salary, performance history
Protected Activity Describe complaints, leave, whistleblowing, or protected characteristic
Termination Circumstances Date, who terminated you, reasons given, why pretextual
Legal Claims Specific statutes violated with citations
Damages Itemized calculation of lost wages, benefits, emotional distress
Demand Specific dollar amount and deadline to respond (typically 14-30 days)
Consequences Intent to file with CRD, DLSE, and/or court if not resolved
Step 5: Delivery and Next Steps
  • Certified mail, return receipt: Provides proof of delivery
  • Keep copies: Retain copies of everything you send
  • Email backup: Consider sending via email as well for faster notice
  • Track deadline: Note when response is due
  • Prepare to file: If no response, be ready to file administrative complaint or lawsuit
Consider an Attorney: Wrongful termination cases are complex. A demand letter from an attorney carries more weight and ensures all claims are properly preserved. Many employment attorneys offer free consultations and work on contingency.
Sample Wrongful Termination Demand Letters
Sample 1: Retaliation for Reporting Harassment
[Your Name] [Your Address] [City, CA ZIP] [Phone] [Email] [Date] VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED [Employer Name/HR Director] [Company Name] [Company Address] [City, CA ZIP] RE: Demand for Damages - Wrongful Termination in Retaliation Former Employee: [Your Name] Employee ID: [If applicable] Dear [Employer Name]: I am writing to demand compensation for my wrongful termination from [Company Name] in violation of California's Fair Employment and Housing Act (Government Code Section 12940(h)) and public policy. EMPLOYMENT BACKGROUND: I was employed by [Company Name] as a [Job Title] from [Start Date] to [Termination Date]. My annual salary was $[Amount]. Throughout my employment, I consistently received positive performance reviews and was never subject to any disciplinary action. PROTECTED ACTIVITY: On [Date], I reported to [HR Representative/Manager Name] that I was being subjected to sexual harassment by [Harasser Name/Title]. Specifically, [describe the harassment: unwanted comments, touching, propositions, hostile environment, etc.]. I provided [written complaint/email/verbal report] detailing these incidents and requested that the company investigate and take corrective action. RETALIATORY TERMINATION: Rather than conducting a proper investigation and protecting me from harassment, [Company Name] retaliated against me for reporting the harassment. On [Termination Date], just [X] days after my complaint, I was terminated. The stated reason for my termination was [reason given], which is pretextual for the following reasons: 1. [I had no performance issues before my complaint] 2. [The timing between my complaint and termination is suspicious] 3. [Others who engaged in similar conduct were not terminated] 4. [The reason given is inconsistent with my performance record] 5. [Describe any other evidence of pretext] LEGAL VIOLATIONS: Your actions violate multiple California laws: 1. FEHA Anti-Retaliation (Gov. Code 12940(h)): It is unlawful to retaliate against an employee for opposing harassment or discrimination, or for filing a complaint. My report of sexual harassment is protected activity, and my termination shortly thereafter constitutes illegal retaliation. 2. FEHA Failure to Prevent (Gov. Code 12940(k)): Employers must take all reasonable steps to prevent harassment. Instead of protecting me, you retaliated against me. 3. Wrongful Termination in Violation of Public Policy: California public policy, as expressed in FEHA, protects employees who report harassment. My termination violates this fundamental policy. DAMAGES: As a result of your unlawful conduct, I have suffered the following damages: 1. Lost Wages (Back Pay): - [X] months from termination to present at $[monthly salary] = $[Amount] - Lost bonus: $[Amount] - Lost commissions: $[Amount] 2. Lost Benefits: - Health insurance: $[Amount]/month x [X] months = $[Amount] - 401(k) match: $[Amount] - Other benefits: $[Amount] 3. Future Lost Wages: - Estimated [X] months to find comparable employment at $[monthly salary] = $[Amount] 4. Emotional Distress: - I have suffered severe emotional distress including [anxiety, depression, insomnia, humiliation, physical symptoms]. I estimate these damages at $[Amount]. 5. Punitive Damages: - Your conduct was malicious and oppressive, warranting punitive damages estimated at $[Amount]. TOTAL DEMAND: $[Total Amount] DEMAND FOR RESOLUTION: I demand that [Company Name] pay the total sum of $[Amount] within thirty (30) days of your receipt of this letter. Payment should be made by certified check payable to [Your Name] and sent to the address above. If you fail to resolve this matter within thirty days, I will file a complaint with the California Civil Rights Department (CRD) and pursue all available legal remedies, including filing a civil lawsuit. Under FEHA, I am entitled to recover attorney's fees and costs in addition to the damages described above. I am willing to discuss resolution of this matter. Please have your attorney or authorized representative contact me within ten (10) days to discuss settlement. This letter is not intended to be a complete statement of the facts or law and does not waive any rights or claims. Sincerely, [Your Signature] [Your Printed Name] cc: Personal file Enclosures: [List any attachments such as performance reviews, complaint emails, termination letter]
Sample 2: Discrimination-Based Termination (Disability)
[Your Name] [Your Address] [City, CA ZIP] [Phone] [Email] [Date] VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED [Employer Name/HR Director] [Company Name] [Company Address] [City, CA ZIP] RE: Demand for Damages - Wrongful Termination Based on Disability Discrimination Former Employee: [Your Name] Dear [Employer Name]: I am writing to demand compensation for my wrongful termination from [Company Name] in violation of California's Fair Employment and Housing Act (Government Code Sections 12940(a), (m), and (n)). EMPLOYMENT BACKGROUND: I was employed by [Company Name] as a [Job Title] from [Start Date] to [Termination Date], a period of [X] years. My final annual salary was $[Amount]. I consistently met or exceeded performance expectations, as evidenced by my performance reviews, and received [promotions/raises/awards] during my tenure. DISABILITY AND ACCOMMODATION REQUEST: In [Month/Year], I was diagnosed with [medical condition/disability]. On [Date], I informed [HR/Supervisor Name] of my disability and requested the following reasonable accommodations to enable me to continue performing my essential job functions: [List accommodations requested, e.g.:] - Modified work schedule - Ergonomic equipment - Work from home option - Medical leave for treatment - Reassignment to vacant position Instead of engaging in the required good faith interactive process, [Company Name]: [Describe what happened, e.g.:] - Refused to discuss possible accommodations - Offered only inadequate accommodations that did not address my limitations - Ignored my requests entirely - Told me accommodations were "too burdensome" DISCRIMINATORY TERMINATION: On [Termination Date], I was terminated. The stated reason was [reason given]. This reason is pretextual, as evidenced by: 1. The timing: I was terminated [X] days/weeks after requesting accommodation 2. My performance was satisfactory and I had received [positive review/raise] on [Date] 3. [Other employees without disabilities who had similar issues were not terminated] 4. [Manager made comments suggesting disability bias, such as: ___] 5. [The company failed to engage in the interactive process as required] LEGAL VIOLATIONS: [Company Name]'s conduct violates multiple provisions of FEHA: 1. Disability Discrimination (Gov. Code 12940(a)): You terminated me because of my disability, not because of legitimate performance concerns. 2. Failure to Provide Reasonable Accommodation (Gov. Code 12940(m)): You refused to provide reasonable accommodations that would have enabled me to perform my job. 3. Failure to Engage in Interactive Process (Gov. Code 12940(n)): You failed to engage in a timely, good faith interactive process to determine effective accommodations. 4. Failure to Prevent Discrimination (Gov. Code 12940(k)): You failed to take all reasonable steps to prevent disability discrimination. DAMAGES: I have suffered substantial damages as a result of your unlawful conduct: 1. Lost Wages (Back Pay): - From [Termination Date] to present: $[Amount] - Lost bonus/incentive pay: $[Amount] 2. Lost Benefits: - Health insurance (COBRA/market rate): $[Amount] - 401(k) employer contributions: $[Amount] - Other benefits (specify): $[Amount] 3. Future Lost Wages (Front Pay): - Given my disability and the job market, I estimate [X] years to return to equivalent compensation: $[Amount] 4. Emotional Distress: - Your discriminatory conduct caused severe emotional distress, including [describe: anxiety, depression, exacerbation of medical condition, counseling/therapy]. I estimate these damages at $[Amount]. 5. Punitive Damages: - Your intentional discrimination and refusal to accommodate warrants punitive damages: $[Amount] 6. Medical Expenses: - Additional treatment costs due to termination-related stress: $[Amount] TOTAL DEMAND: $[Total Amount] DEMAND FOR RESOLUTION: I demand payment of $[Total Amount] within thirty (30) days of receipt of this letter. I am also willing to consider non-monetary terms such as: - Neutral employment reference - Expungement of termination from personnel file - Payment of COBRA premiums for [X] months If this matter is not resolved within thirty days, I will: 1. File a complaint with the California Civil Rights Department (CRD) 2. File a civil lawsuit seeking all available damages, including attorney's fees Under FEHA, prevailing plaintiffs are entitled to recover reasonable attorney's fees. Litigation will significantly increase your exposure. Please contact me or have your attorney contact me within ten (10) days to discuss resolution. Sincerely, [Your Signature] [Your Printed Name] Enclosures: - Performance reviews - Accommodation request documentation - Termination letter - Medical documentation (if sending)
Sample 3: Whistleblower Termination
[Your Name] [Your Address] [City, CA ZIP] [Phone] [Email] [Date] VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED [CEO/General Counsel Name] [Company Name] [Company Address] [City, CA ZIP] RE: Demand for Damages - Wrongful Termination in Violation of Whistleblower Protections Former Employee: [Your Name] Dear [Recipient Name]: I am writing to demand compensation for my wrongful termination from [Company Name] in retaliation for whistleblower activity, in violation of California Labor Code Section 1102.5 and public policy. EMPLOYMENT BACKGROUND: I was employed by [Company Name] as a [Job Title] in the [Department] from [Start Date] to [Termination Date]. My annual salary was $[Amount]. Throughout my [X] years of employment, I maintained an excellent performance record with no disciplinary issues. WHISTLEBLOWER ACTIVITY: In the course of my duties, I discovered that [Company Name] was engaged in [describe illegal activity, e.g.]: - [Fraudulent billing practices] - [Falsification of financial records] - [Safety violations] - [Environmental violations] - [Healthcare fraud] - [Tax evasion] - [Violation of government contracts] - [Other illegal activity] Specifically, on or about [Date], I discovered that [detailed description of the violation, who was involved, and what laws/regulations were being violated]. REPORTS OF ILLEGAL ACTIVITY: I reported this illegal conduct to the following: 1. [Date]: I reported to [Supervisor Name/Title] via [email/in person/written memo] that [describe what you reported]. 2. [Date]: I reported to [Higher Management/Compliance/HR] that [describe escalation]. 3. [Date]: [If applicable] I reported to [government agency, e.g., SEC, Cal/OSHA, DOL, Attorney General] that [describe external report]. Instead of investigating and addressing the illegal activity, [Company Name] retaliated against me. RETALIATORY TERMINATION: Following my reports, I experienced the following adverse actions: - [Date]: [Describe: removed from projects, excluded from meetings, negative performance review, demotion, etc.] - [Date]: [Describe additional adverse actions] - [Termination Date]: I was terminated, purportedly for [reason given]. The stated reason for termination is pretextual because: 1. I had no performance issues before reporting the illegal activity 2. The adverse actions began immediately after my reports 3. [Other employees who did not complain were treated differently] 4. [The stated reason is factually false or exaggerated] 5. [Managers made statements indicating retaliation, such as ___] REBUTTABLE PRESUMPTION OF RETALIATION: Because I was terminated within 90 days of engaging in protected whistleblower activity, California Labor Code Section 1102.5(j) creates a rebuttable presumption that my termination was in retaliation for that activity. The burden is on [Company Name] to prove a legitimate, non-retaliatory reason, which it cannot do. LEGAL VIOLATIONS: Your conduct violates: 1. Labor Code 1102.5(b): Prohibits retaliation against employees who disclose information to a government or law enforcement agency, or to a person with authority over the employee, if the employee has reasonable cause to believe the information discloses a violation of law. 2. Labor Code 1102.5(c): Prohibits retaliation against employees who refuse to participate in activity that would result in a violation of law. 3. Wrongful Termination in Violation of Public Policy: California has a fundamental public policy of encouraging employees to report illegal activity. My termination violates this policy. DAMAGES: Labor Code 1102.5 provides for the following remedies, which I am entitled to recover: 1. Lost Wages and Benefits: - Back pay from [Termination Date] to present: $[Amount] - Lost bonus/incentive compensation: $[Amount] - Lost benefits (health, retirement, etc.): $[Amount] - Front pay (future lost earnings): $[Amount] Subtotal Economic Damages: $[Amount] 2. Emotional Distress: - I have suffered significant emotional distress including [describe: anxiety, depression, reputational harm, difficulty finding new employment, physical symptoms]. I estimate these damages at $[Amount]. 3. Punitive Damages: - Your retaliation against a whistleblower was willful and malicious, warranting punitive damages. Estimated: $[Amount] 4. Civil Penalty (Labor Code 1102.5(f)): - Up to $10,000 per violation 5. Attorney's Fees and Costs: - To be determined upon litigation TOTAL DEMAND: $[Total Amount] DEMAND FOR RESOLUTION: I demand that [Company Name] pay the sum of $[Amount] within thirty (30) days of receipt of this letter to resolve all claims arising from my wrongful termination. If this matter is not resolved, I intend to: 1. File a civil lawsuit under Labor Code 1102.5 2. Pursue all available administrative remedies 3. [If applicable: Provide additional information to [government agency] regarding ongoing violations] Under Labor Code 1102.5(h), I am entitled to recover reasonable attorney's fees and costs. Litigation will substantially increase your exposure. I am prepared to discuss resolution. Please have your attorney contact me within ten (10) days. Sincerely, [Your Signature] [Your Printed Name] cc: [Your Attorney, if applicable] Enclosures: - Documentation of illegal activity reported - Copies of internal reports/complaints - Performance reviews - Termination documentation
Enforcement and Remedies
Option 1: Civil Rights Department (CRD) Complaint
For FEHA Claims: The California Civil Rights Department (formerly DFEH) handles discrimination, harassment, and retaliation complaints under FEHA. Filing with CRD is generally required before filing a lawsuit for FEHA claims.

CRD Filing Process:

  • Deadline: 3 years from the discriminatory/retaliatory act
  • How to file: Online at calcivilrights.ca.gov or by mail/in person
  • Investigation: CRD may investigate, attempt mediation, or issue a Right to Sue
  • Right to Sue: You can request an immediate Right to Sue to file in court without waiting for CRD investigation
  • Lawsuit deadline: 1 year from receiving Right to Sue notice

CRD Remedies:

  • Back pay and front pay
  • Hiring, reinstatement, or promotion
  • Policy changes and training requirements
  • Damages for emotional distress
  • Civil penalties up to $150,000
Option 2: Labor Commissioner (DLSE) Complaint

For certain retaliation claims, you can file with the Division of Labor Standards Enforcement:

Claim Type How to File Process
Wage retaliation (LC 98.6) File with DLSE office Investigation, hearing, decision
Safety retaliation (LC 6310) File with Cal/OSHA Investigation, possible citation
Whistleblower (LC 1102.5) File in court directly Civil lawsuit
Option 3: Civil Lawsuit
Going to Court: For larger claims or when administrative remedies are inadequate, filing a civil lawsuit provides access to a jury trial, full damages, and attorney fee recovery. Most wrongful termination plaintiffs are represented by attorneys working on contingency.

Lawsuit Venues:

  • Superior Court (state): Most wrongful termination cases; no damages cap
  • Federal Court: If federal claims (Title VII, ADA, ADEA) or diversity jurisdiction
  • Small Claims: Up to $12,500; no attorney allowed
Available Damages by Claim Type
Claim Available Damages
FEHA Discrimination Back pay, front pay, emotional distress, punitive damages, attorney fees
FEHA Retaliation Back pay, front pay, emotional distress, punitive damages, attorney fees
Whistleblower (LC 1102.5) Back pay, reinstatement, emotional distress, punitive damages, civil penalty up to $10,000, attorney fees
Public Policy Violation Back pay, emotional distress, punitive damages
WARN Act 60 days back pay and benefits, civil penalties
Workers' Comp Retaliation Reinstatement, back pay, increased compensation award (up to $10,000)
Punitive Damages
When Available: Punitive damages are available when the employer acted with malice, oppression, or fraud. This typically requires showing that a managing agent authorized or ratified the wrongful conduct, or that the employer's conduct was particularly egregious. Punitive damages can be substantial - often several times compensatory damages.
Attorney Fees

Under most wrongful termination statutes, prevailing employees can recover reasonable attorney fees:

  • FEHA: Gov. Code 12965(c)(6) - fees to prevailing plaintiff
  • Labor Code 1102.5: Subsection (h) - fees to prevailing plaintiff
  • Labor Code 98.6: Fees available
  • Public policy claims: Generally no statutory fee recovery (contingency arrangement)
Settlement Considerations

Most wrongful termination cases settle before trial. Consider:

  • Settlement value factors: Strength of evidence, damages calculation, employer's ability to pay, litigation risk
  • Non-monetary terms: Neutral reference, non-disparagement, confidentiality
  • Tax implications: Allocation between wages (taxable) and emotional distress (may be taxable)
  • Timing: Cases often settle at mediation, after discovery, or before trial

Related Resources

Attorney Services
Were You Wrongfully Terminated?

I represent California employees in wrongful termination cases, including discrimination, retaliation, whistleblower, and public policy claims. If you were fired for an illegal reason, I can help you recover damages for lost wages, emotional distress, and more.

How I Can Help
  • Case Evaluation: I analyze your termination circumstances, review documentation, and assess the strength of your claims
  • Demand Letter Drafting: I draft comprehensive demand letters that maximize settlement value by citing all applicable claims and damages
  • CRD Filing: I prepare and file Civil Rights Department complaints for FEHA claims
  • Settlement Negotiation: I negotiate with employers and their insurance companies to achieve favorable settlements
  • Litigation: When necessary, I file lawsuits and litigate cases through trial
  • Appeals: I handle appeals of adverse decisions
Types of Cases I Handle
  • Discrimination based on race, age, disability, pregnancy, gender, religion, sexual orientation
  • Retaliation for reporting harassment or discrimination
  • Whistleblower retaliation for reporting illegal activity
  • Termination during or after medical leave (FMLA/CFRA)
  • Workers' compensation retaliation
  • Failure to accommodate disability or religion
  • Constructive discharge (forced resignation)
  • WARN Act violations (mass layoffs without notice)
  • Breach of employment contract
Contingency Fee Representation
No Upfront Costs: I handle most wrongful termination cases on a contingency fee basis. You pay no attorney fees unless we recover money for you. Additionally, many employment statutes allow recovery of attorney fees from the employer, which means your net recovery may not be reduced by legal fees.
When to Contact an Attorney
Consider consulting an attorney if:
  • You were fired after complaining about harassment or discrimination
  • You were terminated during or shortly after medical leave
  • You reported illegal activity and were subsequently fired
  • You believe you were terminated because of your age, race, disability, or other protected characteristic
  • You were fired after requesting accommodation for a disability or religion
  • You were laid off without proper WARN Act notice
  • Your employer gave a false or pretextual reason for termination
  • You received a severance agreement you're being asked to sign
  • You're unsure whether your termination was legal
Schedule a Consultation

Book a consultation to discuss your wrongful termination case. I will review your situation, identify applicable claims, estimate potential damages, and explain your options.

Contact Information

Email: owner@terms.law

Frequently Asked Questions
Yes. While California is an at-will employment state, there are significant exceptions. You can sue for wrongful termination if you were fired for a discriminatory reason (based on race, age, disability, etc.), in retaliation for protected activity (reporting harassment, taking leave, whistleblowing), or in violation of public policy (refusing to break the law, exercising a legal right). The at-will doctrine does not protect employers who terminate for illegal reasons.
Wrongful termination case values vary widely based on factors including: your salary and lost wages, length of unemployment, whether you found comparable new employment, strength of evidence, emotional distress severity, whether punitive damages are available, and the employer's ability to pay. Cases can range from tens of thousands to millions of dollars. A typical case with moderate lost wages and emotional distress might settle for $50,000-$300,000, while cases with strong evidence of egregious conduct can result in much larger verdicts.
For FEHA claims (discrimination, harassment, retaliation), you must file with the California Civil Rights Department (CRD) first, but you can immediately request a Right to Sue letter and proceed to court. For whistleblower claims under Labor Code 1102.5, you can file directly in court without going through an agency. For workers' compensation retaliation, you must file with the Workers' Compensation Appeals Board. An attorney can advise on the proper procedure for your specific claims.
Statutes of limitations vary by claim type. FEHA claims must be filed with CRD within 3 years of the termination. Wrongful termination in violation of public policy has a 2-year statute of limitations. Whistleblower claims under Labor Code 1102.5 have a 3-year limit. Workers' comp retaliation has only 1 year. Because these deadlines are strict and missing them can bar your claim entirely, you should consult an attorney as soon as possible after termination.
Employers often give pretextual reasons to cover up discrimination or retaliation. If you have evidence that the stated reason is false - such as recent positive performance reviews, no prior warnings, or different treatment of similarly situated employees - this can support your wrongful termination claim. Circumstantial evidence like suspicious timing (fired shortly after protected activity), shifting explanations, or discriminatory comments can also help prove pretext. An attorney can help you build a case showing the employer's stated reason was not the true reason.
Yes. A layoff can still be discriminatory or retaliatory if you were selected for the layoff because of a protected characteristic or protected activity, even if others were laid off too. Look at whether protected class members were disproportionately affected, whether the selection criteria were applied fairly, and whether you were targeted while others were retained. Also, mass layoffs may violate the WARN Act if proper notice wasn't given. If you suspect discrimination in a layoff, consult an attorney to analyze the circumstances.
Before signing any severance agreement, have an attorney review it. Severance agreements typically require you to release all claims against the employer, including wrongful termination claims. If you have a strong claim, you may be entitled to significantly more than the severance offer. An attorney can evaluate your claims, negotiate better severance terms, or advise you to reject the severance and pursue your claims. Never sign under pressure - you generally have time to consider the agreement (21 days for age discrimination releases).

California Wrongful Termination: Know Your Rights

Wrongful termination occurs when an employer fires an employee for an illegal reason. While California is an at-will employment state, numerous exceptions protect employees from discriminatory, retaliatory, and bad faith terminations. Understanding these protections is essential to asserting your rights.

Common Types of Wrongful Termination

Damages Available in Wrongful Termination Cases

California law provides comprehensive remedies for wrongful termination victims, including back pay, front pay, lost benefits, emotional distress damages, punitive damages, and attorney fees. The value of a case depends on factors like salary, length of unemployment, strength of evidence, and severity of the employer's conduct.

Related Resources

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