California Wrongful Termination Lawyer

When "At Will" Stops Being a Shield

California is an at-will employment state, which means an employer can usually terminate an employee without cause and without notice. The phrase “at will” sounds absolute on paper, and employers lean on it. It is not absolute. There are dozens of specific situations in which a termination crosses from at-will into “wrongful” — meaning the employer broke a statute, violated a public policy, retaliated against the employee for exercising a legal right, or breached an actual contract.

A California wrongful termination lawyer is the person who knows where the at-will line stops and the unlawful firing begins. KBK Lawyers represents California employees in wrongful termination cases against employers across the state.

The Categories of Wrongful Termination Under California Law

A termination is generally wrongful in California if it falls into one or more of these categories:

Termination in violation of public policy (Tameny claim) — firing an employee for exercising a legal right or refusing to break the law
FEHA-protected retaliation — firing in response to a complaint of discrimination, harassment, or unsafe conditions
Whistleblower retaliation — firing for reporting illegal activity to a government agency or supervisor (Labor Code section 1102.5)
Wage-and-hour retaliation — firing in response to a wage claim, DLSE filing, or PAGA notice
Family and medical leave retaliation — firing related to FMLA, CFRA, or PDL leave
Workers’ compensation retaliation — firing related to a comp claim (Labor Code section 132a)
Disability discrimination — firing because of a disability or the need for accommodation
Pregnancy discrimination — firing related to pregnancy, childbirth, or related conditions
Breach of an express or implied employment contract
Constructive discharge — making working conditions so intolerable that resignation is forced

A California wrongful termination lawyer evaluates the facts of the termination against each available theory and pleads every one that fits.

What "Public Policy" Means in California

The Tameny line of cases is the broadest path to a wrongful termination claim. California courts recognize a public policy claim where the employer fires the employee for:

Refusing to commit an illegal act (refusing to commit fraud, refusing to violate environmental rules)
Exercising a statutory right (filing a workers’ comp claim, taking jury duty, voting)
Performing a statutory obligation (reporting elder abuse, complying with a subpoena)
Reporting unlawful conduct to authorities (whistleblower activity)

The public policy claim is a tort, which means damages can include emotional distress and, in cases of malicious or oppressive conduct, punitive damages.

Why KBK Lawyers

Brian Kabateck, our founding partner, has decades of California employment-side experience. He is a past President of Consumer Attorneys of California and a past President of the Consumer Attorneys Association of Los Angeles, and our firm has handled wrongful termination, FEHA, and PAGA matters from pre-litigation demand through trial.

Wrongful Termination & Whistleblower Victory — $1.8 Million Recovery: Secured a substantial settlement against a Southern California public entity on behalf of a wrongfully terminated worker who exposed internal institutional misconduct.

A California wrongful termination lawyer at our firm structures the case for the kind of damages California juries award when the employer’s conduct is documented.

What You Can Recover

Back pay from the date of termination to the date of judgment
Front pay for future lost earnings until reinstated or made whole
Emotional distress damages in tort-based claims
Punitive damages where the employer’s conduct was malicious, oppressive, or fraudulent
Reinstatement to the position if the employee wants it
Statutory penalties on certain wage-related claims at termination
Attorney’s fees and costs paid by the employer in many claim types

Deadlines

The deadlines depend on the legal theory. FEHA discrimination, harassment, and retaliation claims require filing with the California Civil Rights Department within three years of the last violation. Public policy tort (Tameny) claims allow two years from termination. Whistleblower retaliation under Labor Code 1102.5 generally allows three years. Workers’ compensation retaliation runs one year. Wage-and-hour retaliation runs three years. Breach of contract runs two years (oral) or four years (written). A California wrongful termination lawyer at our firm reviews every deadline at the first call.

Frequently Asked Questions

Is at-will employment really at will?

In practice, no. California law layers dozens of protections on top of the at-will doctrine, and any of them can make a termination unlawful. The question is rarely whether at-will applies — it is whether one of the exceptions does.

What if my employer gave me a real reason at termination?

The stated reason matters less than the actual reason. California cases turn on the “true motivation” for the termination, which is often documented in emails, performance reviews, and the timing of the firing relative to the protected activity.

Should I sign the severance agreement my employer offered?

Not without legal review. Severance agreements often include releases that waive valuable claims for less than the claims are actually worth. A California wrongful termination lawyer can review the agreement and identify what is being given up.