Wrongful Termination Lawyer in San Francisco

Legal Grounds for Wrongful Termination in California

Not every unfair firing is a wrongful termination in the legal sense. California law recognizes four main categories that can make a termination actionable. Understanding which category fits your situation shapes how the claim is built and which agency handles the initial filing.

Discrimination Under FEHA

The California Fair Employment and Housing Act (FEHA) prohibits firing an employee because of race, sex, disability, age (40 and older), pregnancy, sexual orientation, gender identity, religion, national origin, or marital status. If the termination decision was motivated in whole or in part by one of these characteristics, it is unlawful under California law regardless of whatever reason the employer states on paper.

Retaliation for Protected Activity

Retaliation claims arise when an employer fires an employee for doing something the law specifically protects. Reporting harassment or discrimination internally or to a government agency, requesting a disability accommodation, filing a wage complaint, taking FMLA or CFRA leave, or participating in a workplace investigation are all protected activities. Termination that closely follows these actions, especially without a documented performance basis, is a recognized pattern for retaliation claims.

Violation of Public Policy

Wrongful termination in violation of public policy, sometimes called a Tameny claim after the California Supreme Court case that established it, covers firings for refusing to break the law, performing a statutory duty such as jury service, exercising a legal right such as taking medical leave, or whistleblowing about illegal workplace conduct. This theory can support claims even when no specific anti-discrimination statute applies.

Breach of Employment Contract

When a written agreement, an offer letter with specific terms, or an implied contract limits the employer’s right to terminate, firing an employee in violation of those limits is actionable. Implied contracts can arise from employee handbooks, longstanding company practice, or oral representations made during hiring.

Constructive Discharge

Constructive discharge occurs when an employer intentionally makes working conditions so intolerable that a reasonable person would feel compelled to resign. California law treats this as a termination, allowing the employee to bring the same claims as someone who was formally fired. It’s one of the more fact-intensive wrongful termination theories and requires careful documentation to establish.

How Wrongful Terminations Are Disguised

Employers rarely state an unlawful reason for firing someone. The actual motive is usually obscured behind a performance issue, a restructuring, or a position elimination. Building a wrongful termination case often means proving that the stated reason is pretextual, meaning it doesn’t match the documented facts.

Common indicators of pretext include abrupt negative performance reviews appearing after a complaint or protected leave, sudden enforcement of policies that went unaddressed for other employees, shifting explanations for the termination, and treatment disparities between employees inside and outside a protected class. California courts recognize both direct evidence, such as an explicit statement of discriminatory intent, and circumstantial evidence built from timing, comparator treatment, and inconsistency in the employer’s account.