California is an "At-Will" State. Can You Still Sue for Wrongful Termination?

September 23, 2024

Yes, you can still sue your employer for wrongful termination, even in an “at-will” employment state like California.

at-will employment, wrongful termination

What does “at-will” employment mean?

In general, “at-will” employment means that an employee does not have a formal employment contract, allowing the employer to terminate the employee for almost any reason, at any time, without advance notice.


While this might seem to grant employers broad powers, the reality is more complex. There are clear limits to when and why an employer can terminate an employee, especially under federal and state laws designed to protect workers’ rights.


Can Your Employer Wrongfully Terminate You in an At-Will State?

No, they cannot legally terminate you for unlawful reasons. In California, several laws protect workers from wrongful termination, even under “at-will” employment. While employers may tell employees they can be fired “at any time, for any reason,” there are numerous exceptions and protections provided by state and federal laws, including:


Illegal Reasons for Termination

Employers cannot terminate employees based on any of the following protected characteristics:

  • Age
  • Sex
  • Gender Identity or Sexual Orientation
  • National Origin
  • Ethnic Group
  • Religious Beliefs
  • Disability Status
  • Pregnancy or Parenthood

If an employer fires you based on any of these factors, they could be violating anti-discrimination laws, which may give rise to a wrongful termination lawsuit.

What Are Common Reasons an Employee May Be Owed Money After Being Fired?

Even if your employer claims your firing was justified, you may be owed compensation if your termination involved any illegal practices. Consider these potential violations:


  • Were you forced to work through legally required breaks?
  • Did you experience discrimination based on race, gender, or other protected categories?
  • Were you required to work off-the-clock?
  • Were you denied overtime pay or compensation for missed breaks?
  • Were you terminated due to pregnancy or a workplace injury?


If so, then you may have been wrongfully terminated for these or possibly other reasons. You have the right to a free case review with one of our experienced employment attorneys. It’s important to act now.


Act Now—Know Your Rights

Many Californians believe that, because the state is “at-will,” they have no recourse after being fired. Nothing could be further from the truth. California law provides strong protections against wrongful termination, and employees are entitled to fair treatment under the law.

By staying informed about your rights, you can take action if you believe your termination was unlawful. Knowledge is power, and understanding your legal rights can make all the difference.


Contact Lawyers for Employee and Consumer Rights

At Lawyers for Employee and Consumer Rights (LFECR), we are a leading California employment law firm dedicated to fighting for workers’ rights. Our experienced wrongful termination attorneys are ready to help you pursue justice anywhere in the state.


Call 844-697-4448 today for a free and confidential consultation to get the help you need and deserve.


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