7 Signs Your Termination May Have Been Illegal in California

Losing your job can be stressful and overwhelming. While California is generally an "at-will" employment state, employers cannot terminate employees for unlawful reasons. If you were recently fired and something about the circumstances feels unfair or suspicious, it may be worth taking a closer look.

Below are seven common signs that your termination may have violated California employment laws.

What Is Wrongful Termination in California?

California's at-will employment laws generally allow employers to terminate employees at any time, with or without notice. However, employers cannot fire workers for reasons that violate state or federal law.

Examples of unlawful termination may involve discrimination, retaliation, protected leave, whistleblower activity, disability accommodations, or other protected employee rights.

1. You Were Fired Shortly After Reporting Harassment or Discrimination

Timing often matters.

If you reported sexual harassment, workplace discrimination, or other unlawful conduct and were terminated shortly afterward, your employer's actions may raise concerns about retaliation.

California law generally protects employees who make good-faith complaints about workplace misconduct, whether the complaint is made internally to Human Resources or externally to a government agency.

Examples:

• Reporting sexual harassment to HR

• Reporting racial discrimination

• Filing a complaint with the California Civil Rights Department (CRD)

• Participating in a workplace investigation

2. You Were Terminated After Taking Protected Leave

Employees may have legal protections when taking leave for certain family or medical reasons.

If your termination occurred shortly after taking protected leave, your employer may have violated California or federal employment laws.

Protected leave may include:

• Pregnancy disability leave

• Family and Medical Leave Act (FMLA) leave

• California Family Rights Act (CFRA) leave

• Leave to care for a family member

• Certain medical leave accommodations

Employers generally cannot punish employees for exercising these legal rights.

3. Your Employer Suddenly Cited Performance Problems That Were Never Previously Mentioned

Many employees are surprised when they are terminated for alleged performance issues despite receiving positive reviews or little prior criticism.

Potential warning signs include:

• Strong performance reviews before termination

• No prior disciplinary history

• No documented coaching or warnings

• A sudden change in management's attitude toward you

While performance concerns can be legitimate, inconsistent explanations may warrant further evaluation.

4. Other Employees Were Treated Differently

If similarly situated employees were treated more favorably than you, discrimination may be a factor.

California law prohibits discrimination based on protected characteristics such as:

• Race

• National origin

• Religion

• Sex or gender

• Pregnancy

• Disability

• Age (40 and older)

• Sexual orientation

• Gender identity

• Marital status

Evidence that employees outside your protected group received different treatment may be relevant in evaluating a potential claim.

5. You Reported Wage or Labor Law Violations

Employees who raise concerns about wage and hour violations are protected from retaliation.

Examples include reporting:

• Unpaid overtime

• Missed meal breaks

• Missed rest breaks

• Minimum wage violations

• Employee misclassification

An employer generally cannot lawfully terminate an employee for asserting rights under California labor laws.

6. You Requested a Disability Accommodation

Employees with qualifying disabilities may be entitled to reasonable accommodations under California law.

Examples include:

• Modified work schedules

• Medical leave

• Assistive equipment

• Remote work accommodations in certain circumstances

If you were terminated shortly after requesting accommodations or disclosing a medical condition, the circumstances may warrant closer review.

7. The Reason for Your Termination Keeps Changing

Inconsistent explanations can sometimes be a red flag.

For example:

• HR gives one explanation.

• Your supervisor gives another.

• Your termination paperwork states something different.

While not every inconsistency proves unlawful conduct, changing explanations may be important when evaluating whether the stated reason for termination was legitimate.

What Should You Do If You Believe You Were Wrongfully Terminated?

If you believe your termination may have been unlawful, consider:

• Saving emails, texts, and written communications.

• Keeping copies of performance reviews and personnel records.

• Documenting conversations and important events.

• Requesting copies of termination paperwork.

• Speaking with an experienced employment attorney before signing severance or release agreements.

Taking prompt action can help preserve important evidence and protect your legal rights.

Contact Haulk & Herrera LLP

If you believe your termination may have violated California employment laws, the attorneys at Haulk & Herrera LLP can evaluate your situation and help you understand your options.

Our firm represents employees throughout California in matters involving wrongful termination, workplace retaliation, discrimination, leave violations, and other employment disputes.

Schedule a confidential consultation today to discuss your case.