California follows an “at-will” employment model. This means that employers can generally terminate workers at any time for almost any reason—unless the reason is illegal.
Wrongful termination typically falls under two categories:
- Termination in violation of public policy
- Termination based on a protected characteristic
To claim wrongful termination based on public policy, an employee must show they were fired for:
- Refusing to break the law;
- Performing a legal duty;
- Exercising a legal right or privilege; or
- Reporting illegal conduct (known as whistleblowing).
Wrongful termination based on a protected characteristic involves being fired due to traits such as race, age, gender, religion, or other protected statuses. This form of termination constitutes discrimination.
Employees who are wrongfully terminated may be entitled to more than just lost wages—they can also seek punitive damages and compensation for emotional distress, particularly in cases of serious misconduct.