What to Do If You’ve Been Wrongfully Terminated

When you're let go from a job, it's easy to feel powerless. But if you believe your termination was illegal, you have options. California is an at-will employment state, which means employers can fire workers for almost any reason. However, they can't violate state or federal law while doing so.

Wrongful termination occurs when you're fired for reasons that go against public policy, breach an employment contract, or violate discrimination or retaliation protections. This can include being fired for reporting harassment, refusing to break the law, or taking legally protected leave.

You don’t have to accept this treatment in silence. By understanding your rights, you can make informed decisions about what steps to take next. Here at Law Offices of Charles P. Boylston, we can help you through this process. 

Identifying If the Termination Was Illegal

Not every termination is unlawful. But certain conditions raise serious red flags under California employment law. It's important that you examine the circumstances surrounding your firing.

Common illegal reasons for termination include:

• Discrimination based on race, gender, disability, age, religion, or other protected characteristics

• Retaliation for filing a complaint about harassment, wage issues, or unsafe work conditions

• Termination for taking leave under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA)

• Firing in violation of a written or implied employment contract

• Dismissal after refusing to participate in illegal activities

Once you've identified a potential legal issue, you can begin to assess the strength of your claim.

Gathering and Preserving Evidence

To support a wrongful termination claim, you need to gather as much documentation as possible. Strong evidence can help you explain what happened and support your position if you pursue legal action.

You should collect:

• Offer letters, contracts, and employee handbooks

• Emails or texts with supervisors, HR, or coworkers

• Performance evaluations or disciplinary records

• Pay stubs and time sheets

• Notes you made about conversations or incidents, especially those related to the termination

Even after leaving the job, avoid deleting any digital records. Preserving evidence early makes a significant difference later.

Filing a Complaint with a State or Federal Agency

Before you can file a lawsuit, you may need to go through an administrative process. In cases involving discrimination, harassment, or retaliation, you typically must file a complaint with either the California Civil Rights Department (CRD) or the federal Equal Employment Opportunity Commission (EEOC).

Pay close attention to deadlines. In California, you generally have three years to file a complaint with the CRD, but federal deadlines are shorter—typically 180 or 300 days, depending on the situation.

This filing triggers an investigation. The agency may attempt to mediate or investigate the claim, and in some cases, it may issue a right-to-sue letter that allows you to move forward in court.

Consulting with an Employment Law Attorney

After gathering evidence and reviewing your case, the next step is talking with an employment law attorney. Having someone familiar with California labor protections can help you evaluate your situation and decide whether to move forward.

An attorney can help you:

• Review the facts of your case

• Analyze employment law protections that may apply

• Identify procedural requirements, like filing deadlines

• Estimate potential damages

• Represent you during negotiations or in court

While you may feel ready to act immediately, you benefit from speaking with someone who can offer practical, informed legal advice before you file any claims.

Understanding Remedies and Potential Outcomes

If you're successful in a wrongful termination case, you may be entitled to several types of remedies. The goal is to compensate you for the harm you’ve experienced as a result of the illegal firing.

Remedies can include:

• Back pay and benefits lost due to termination

• Front pay if reinstatement isn’t possible

• Compensation for emotional distress

• Punitive damages in certain cases

• Attorney’s fees and court costs

California courts take wrongful termination seriously, especially when the employer acted with malice or willful disregard for the law. However, outcomes vary depending on the facts of each case.

Responding to Severance Agreements and Releases

Some employers offer severance pay in exchange for signing a release of claims. You need to be careful before accepting any offer. These agreements often require you to waive your right to sue for wrongful termination or other employment law violations.

You shouldn't feel pressured to sign anything on the spot. You're entitled to time to review the terms and consider whether the compensation offered is fair. In many cases, you can negotiate better terms with the help of legal counsel.

If you suspect you’ve been wrongfully terminated, don’t sign a waiver until you've fully considered your legal options.

Taking Steps to Protect Your Future Employment

Wrongful termination can impact not only your income but also your professional reputation. As you move forward, think strategically about how to manage the situation and protect your future employment prospects.

Here are a few things you can do:

• Request a neutral reference from your former employer

• Keep detailed records of job applications and rejections

• Prepare a factual explanation for job interviews without disclosing sensitive details

• Apply for unemployment benefits, if eligible

It's also important to give yourself time to process what’s happened. Losing a job unfairly can take a toll on your well-being, and staying focused on the next steps helps you regain stability.

Avoiding Retaliation in the Workplace

California employment law protects you not just from wrongful termination, but also from retaliation for asserting your rights. That means if you file a complaint about discrimination, unsafe conditions, or wage violations, your employer can’t lawfully fire you, demote you, or otherwise punish you in response.

Retaliation cases can be hard to prove without evidence. If you suspect you're being targeted after speaking up, it helps to document every incident. Keeping a log of what happens, who was present, and how management responded can support a future legal claim if needed.

Standing up for your rights shouldn't come at the cost of your job, and California law reflects that principle.

Considering Class or Representative Actions

In some situations, you're not the only one affected. If an employer engages in unlawful termination practices against a group of workers, you may be able to file a class action or a representative action under California’s Private Attorneys General Act (PAGA).

These actions allow you to pursue broader changes and remedies that benefit current and former employees. They also put additional pressure on employers to follow the law.

An employment law attorney can help you evaluate whether this type of collective action makes sense in your case. While not every situation is suitable, it’s something to explore if other workers have experienced similar mistreatment.

Keeping Track of Legal Deadlines

Employment law claims come with strict deadlines. Missing one can prevent you from pursuing relief, no matter how strong your case may be. That’s why it’s important to act promptly.

Here are a few examples:

• CRD complaints must typically be filed within three years

• EEOC charges often have to be filed within 180 or 300 days

• Wrongful termination lawsuits must usually be filed within two years

You should confirm these timelines with legal counsel, since different circumstances can affect the rules. Acting quickly protects your options and strengthens your position.

Prioritizing Confidentiality and Professionalism

As you move through this process, stay careful about what you say and do. That includes avoiding public posts about your employer or sharing internal information that could be considered confidential.

Even when you're frustrated or angry, keeping a professional tone can protect you from counterclaims and make you more credible if the case goes to court. You’re more likely to succeed when you stay focused on the facts and let your documentation speak for itself.

Being thoughtful about communication also helps you preserve relationships with coworkers who may support your claim or act as witnesses.

Preparing for Possible Litigation

Not all wrongful termination claims lead to a lawsuit. Some are resolved through administrative processes or private settlements. But if your case does proceed to court, you should be ready for what that means.

Litigation involves discovery, depositions, motions, and potentially trial. The process can take months or even years. You’ll likely need to respond to document requests, answer questions under oath, and review statements from witnesses.

While it can be stressful, it’s also an opportunity to hold employers accountable. With strong evidence and preparation, you can build a case that clearly outlines the unlawful conduct you experienced.

Moving Forward After Wrongful Termination

Losing a job unfairly can feel like a major setback. But by taking action and using the protections available under California employment law, you can reclaim some control over the situation.

You don’t have to face it alone. With the right legal support, careful documentation, and thoughtful planning, you can protect your rights and move forward with confidence.

Whether you pursue a legal claim, seek a settlement, or focus on rebuilding your career, what matters is that you take steps that align with your goals and values.

If you're ready for the next step or need legal guidance, we’re here to help you understand your rights under California employment law.

Litigation involves discovery, depositions, motions, and potentially trial. The process can take months or even years. We’ll likely need to respond to document requests, answer questions under oath, and review statements from witnesses.

While it can be stressful, it’s also an opportunity to hold employers accountable. With strong evidence and preparation, we can build a case that clearly outlines the unlawful conduct we experienced.

Moving Forward After Wrongful Termination

Losing a job unfairly can feel like a major setback. But by taking action and using the protections available under California employment law, we can reclaim some control over the situation.

We don’t have to face it alone. With the right legal support, careful documentation, and thoughtful planning, we can protect our rights and move forward with confidence.

Whether we pursue a legal claim, seek a settlement, or focus on rebuilding our career, what matters is that we take steps that align with our goals and values.

Contact The Law Offices of Charles P. Boylston

If you're ready for the next step or need legal guidance, we're here to help you understand your rights under California employment law at The Law Offices of Charles P. Boylston. We serve Southern California and beyond. Call our firm today for more information.