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At-will employment does not mean employment without limits. California law prohibits terminations that violate public policy, punish protected conduct or breach an implied promise of continued employment. And not every termination arrives as a pink slip — constructive discharge, where an employer creates intolerable working conditions designed to force a resignation, is treated as a wrongful termination under California law.

California Labor Code, the Fair Employment and Housing Act (FEHA) and federal employment law collectively establish a broad set of protections against wrongful discharge. An employer may generally terminate an employee for any reason or no reason — but not for an illegal reason.

For high-level executives, a termination is not just a loss of income — it is a reputational event that can impact your standing in the industry for years. Eagan Law scrutinizes every "For Cause" termination notice to ensure employers are not using pretextual justifications to avoid paying out earned bonuses, equity or severance. In mixed-motive terminations — where a lawful reason is used to disguise an unlawful one — we build the evidentiary record that exposes the true basis for the decision.

Wrongful termination claims arise in many contexts: retaliation for whistleblowing or reporting illegal activity, termination based on a protected characteristic such as race, gender or disability, violation of an implied contract not to terminate without good cause, and termination that violates a fundamental public policy of the state.

California's employee protections are among the strongest in the country. Eagan Law represents employees in wrongful termination claims with the same level of sophistication it brings to all its matters — and pursues every available remedy including reinstatement, back pay, front pay, emotional distress damages and, where appropriate, punitive damages.

Wrongful termination claims frequently arise alongside related employment claims — workplace discrimination where the termination was motivated by a protected characteristic, sexual harassment retaliation where the employee was fired for reporting misconduct, and wage and hour violations where the termination coincided with unpaid compensation. For senior executives, termination disputes also involve severance agreement negotiations that require immediate attention.

FEHA — Broader Than Federal Law

California's Fair Employment and Housing Act provides broader protections than federal Title VII — including coverage of employers with five or more employees, a longer filing deadline and a wider range of protected characteristics including gender identity and sexual orientation.

Tameny Claims — Public Policy Violations

Under Tameny v. Atlantic Richfield Co., 27 Cal. 3d 167 (1980), an employee terminated for refusing to violate the law or for performing a legally required duty may bring a tort claim — not just a contract claim — allowing recovery of emotional distress damages and punitive damages.

Three-Year FEHA Filing Deadline

Employees must file a complaint with the California Civil Rights Department (CRD) within three years of the discriminatory or retaliatory act before filing a civil lawsuit. Missing this administrative deadline can permanently bar the civil claim.

Wrongful Termination Claims We Handle

01

Retaliation & Whistleblower Claims

California Labor Code § 1102.5 prohibits employers from retaliating against employees who disclose or refuse to participate in violations of state or federal law. FEHA prohibits retaliation against employees who report discrimination or harassment or participate in an investigation or proceeding. These retaliation claims are among the most powerful protections available to California employees.

  • Labor Code § 1102.5 whistleblower retaliation
  • FEHA retaliation for reporting discrimination
  • Workers' compensation retaliation
  • Family and medical leave retaliation
  • Wage complaint retaliation
02

Termination in Violation of Public Policy

Under California's Tameny doctrine, an employee wrongfully terminated for reasons that violate a fundamental public policy of the state may pursue a tort claim — not just a breach of contract claim. This distinction matters enormously: tort claims allow recovery of emotional distress damages and punitive damages in addition to economic losses.

  • Refusal to commit illegal acts
  • Exercising a legal right (e.g., jury duty, voting)
  • Performing a public duty
  • Reporting illegal activity to authorities
  • Filing a workers' compensation claim
03

Implied Contract Claims

Even without a written employment agreement, California courts have recognized that employer conduct — including personnel manuals, progressive discipline policies and oral assurances of job security — can create an implied promise not to terminate without good cause. When an employer fires an employee in breach of that implied promise, a breach of implied contract claim is available.

  • Personnel manual and policy-based claims
  • Oral assurances of job security
  • Long-term employment relationship claims
  • Implied progressive discipline requirements
  • Covenant of good faith and fair dealing claims
04

FEHA Termination Claims

FEHA prohibits termination based on protected characteristics including race, sex, gender identity, national origin, religion, disability, age (40+), sexual orientation, pregnancy and marital status. These claims require the employee to exhaust administrative remedies with the CRD before filing a civil lawsuit — a step Eagan Law guides clients through from the outset.

  • Race and national origin termination claims
  • Gender and pregnancy discrimination
  • Disability and medical condition discrimination
  • Age discrimination (ADEA/FEHA)
  • Sexual orientation and gender identity claims

Enforcing California's Employee Protections

California's employment laws are among the most protective in the country. Eagan Law brings the experience and judgment needed to pursue wrongful termination claims effectively — from administrative filing through settlement or resolution.

1

Understanding the Full Damages Picture

Wrongful termination claims can support back pay, front pay, emotional distress damages, punitive damages and attorneys' fees — but only if the claims are properly framed and supported. Eagan Law builds the case for the full recovery from the outset.

2

Administrative Filings Done Right

FEHA claims require an administrative complaint with the CRD before a civil lawsuit can be filed. Errors in the administrative process can affect the scope of the civil claim. Eagan Law guides clients through this step carefully and completely.

3

Retaliation Claims

Retaliation claims require connecting protected activity to an adverse employment action — a factual and legal analysis that requires specific experience with how these cases are built and defended. Eagan Law has that experience.

4

Personal Involvement at Every Stage

Todd Eagan is personally involved in every matter at the firm. In employment matters — where the attorney-client relationship involves sensitive personal circumstances — direct engagement from a senior attorney matters.

California Wrongful Termination Law

California is an at-will employment state under Labor Code § 2922 — meaning an employer may generally terminate an employee at any time and for any reason, and an employee may resign at any time for any reason. However, this at-will presumption is subject to significant statutory and common law exceptions that effectively protect employees from terminations for unlawful reasons.

California's Fair Employment and Housing Act (Government Code §§ 12900–12996) prohibits termination based on protected characteristics and requires employers to engage in an interactive process with disabled employees before termination. FEHA applies to employers with five or more employees and covers a broader range of protected characteristics than federal Title VII.

Administrative Filing Deadline: FEHA wrongful termination and discrimination claims must be filed with the California Civil Rights Department (CRD) within three years of the adverse employment action before a civil lawsuit may be filed. Federal EEOC claims must be filed within 300 days. Missing these deadlines permanently bars the civil claim — early consultation is essential.

The Tameny tort — recognized in Tameny v. Atlantic Richfield Co., 27 Cal. 3d 167 (1980) — allows employees to bring a tort claim (rather than only a contract claim) when terminated for reasons that violate a fundamental public policy of California. The tort framing is significant: it opens the door to emotional distress damages and punitive damages that would not be available in a pure contract action.

Frequently Asked Questions

Can my employer fire me for any reason in California?

Generally, yes — California is an at-will employment state. But that at-will relationship has important limits. Your employer cannot fire you for an illegal reason — including your race, gender, disability, age, sexual orientation or religion. They cannot fire you for reporting illegal conduct, filing a workers' compensation claim, taking protected family or medical leave or exercising other legally protected rights. If a termination falls into one of these categories, you may have a wrongful termination claim.

What is the difference between a wrongful termination claim and a breach of contract claim?

A breach of contract claim arises when an employer violates a written or implied agreement not to terminate without cause. A wrongful termination claim — sometimes called a Tameny claim — arises when the termination violates a fundamental public policy of the state, such as retaliation for whistleblowing. The distinction matters because Tameny tort claims allow recovery of emotional distress damages and punitive damages that are not available in a breach of contract action.

Do I have to file a complaint before suing my employer for wrongful termination?

For wrongful termination claims based on discrimination or retaliation under FEHA, yes — you must file an administrative complaint with the California Civil Rights Department (CRD) and receive a Right to Sue notice before filing a civil lawsuit. This step must be completed within three years of the adverse employment action. Eagan Law guides clients through the administrative filing process carefully to preserve the full scope of available claims.

What damages can I recover for wrongful termination in California?

Available damages depend on the theory of recovery. Contract-based wrongful termination claims typically allow recovery of economic losses — back pay and front pay. Tameny tort claims and FEHA claims can additionally support emotional distress damages, punitive damages (where conduct is malicious, fraudulent or oppressive) and attorneys' fees. FEHA also provides a right to reinstatement in appropriate cases.

What if I was laid off — can I still have a wrongful termination claim?

Yes. A termination framed as a layoff or reduction in force can still constitute wrongful termination if the selection of employees for layoff was driven by a protected characteristic, retaliatory motive or violation of public policy. Disparate impact on a protected group in a mass layoff may also give rise to claims. The framing of a termination by the employer is not determinative — the reasons actually behind the decision are what matter.

Discuss Your Matter

California's employment protections are among the strongest in the nation. All consultations are completely confidential.

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