Fired From Your Job in Torrance? Find Out Whether It Was Legal
A termination meeting usually lasts a few minutes, but the effects can last a long time: lost income, lost health coverage, and the stress of explaining a firing to the next employer. Many people walk out of that meeting believing that because California is an at-will state, there is nothing they can do. That is often not true.
Rastegar Law Group has represented California employees since 1991. From our office on Hawthorne Boulevard in Torrance, we help South Bay workers figure out whether a firing was simply unfair or actually unlawful, and what can be done about it.
What At-Will Employment Does and Does Not Allow
Under Labor Code section 2922, employment without a fixed term is generally presumed to be at will. Either side can end the relationship, with or without a stated reason. But at-will employment has limits. An employer cannot fire someone for a reason the law prohibits, and it cannot ignore a contract or promise that changes the at-will relationship.
Employers rarely say the unlawful reason out loud. They are more likely to point to “restructuring,” a sudden performance problem, or a policy that has never been enforced against anyone else. Part of our job is looking past the stated reason to the timeline, the documents, and how other employees were treated.
Common Types of Wrongful Termination
Discrimination
The Fair Employment and Housing Act (Government Code section 12940) prohibits firing an employee because of race, color, national origin, ancestry, religion, sex, gender, gender identity or expression, sexual orientation, age (40 and over), physical or mental disability, medical condition, genetic information, marital status, military or veteran status, reproductive health decisionmaking, and other protected characteristics.
Retaliation
It is unlawful to fire someone for opposing discrimination or harassment, for complaining about unpaid wages, for reporting a workplace safety problem, or for disclosing what they reasonably believe is a violation of law. Labor Code sections 98.6 and 1102.5 now create a rebuttable presumption of retaliation when an employer takes adverse action within 90 days of certain protected activity.
Protected Leave
Employees can be fired for requesting or taking leave they are entitled to, such as CFRA family and medical leave, pregnancy disability leave, or paid sick leave. That kind of firing can violate both the leave law and FEHA.
Violation of Public Policy
California courts recognize a claim for termination in violation of fundamental public policy. Examples include being fired for refusing to commit an illegal act, for serving on a jury, or for exercising another legal right.
Breach of Contract or Implied Promises
A written contract, an offer letter, or a consistent company practice of firing only “for cause” may limit an employer’s right to terminate at will. These claims depend heavily on the specific documents and statements involved.
Constructive Discharge
If an employer deliberately makes or knowingly allows working conditions so intolerable that a reasonable person would feel forced to resign, the resignation may be treated as a termination under the law.
What to Do After Being Fired
- Write down what was said in the termination meeting and who was there while you still remember it clearly.
- Request a copy of your personnel file (Labor Code section 1198.5) and your payroll records (Labor Code section 226).
- Check your final paycheck. When an employer fires you, all earned wages, including accrued vacation, are generally due immediately (Labor Code section 201).
- Do not sign a severance agreement before getting advice. Many agreements include a release of claims. Under Government Code section 12964.5, an agreement that releases FEHA claims must tell you that you have the right to consult an attorney and give you at least five business days to consider it.
- Keep personal copies of texts, emails, and reviews you already have legitimate access to, but do not take confidential company records.
Our blog post on what to do if you are wrongfully fired in California covers these steps in more detail.
Possible Remedies
Depending on the claim, a wrongfully terminated employee may be able to recover lost wages and benefits, future lost earnings, damages for emotional distress, and in some cases punitive damages and attorney’s fees. What is available depends on the facts and the laws involved. No attorney can promise a particular result.
Talk to Our Torrance Office
Our Torrance office is at 22760 Hawthorne Boulevard, Suite 200, Torrance, CA 90505, and is open Monday through Friday from 9:00 a.m. to 6:00 p.m. We offer free, confidential consultations in English, Spanish, and Farsi, in person or by video. We handle cases on a contingency fee basis, so you pay no attorney’s fee unless there is a recovery. Call (310) 961-9600 or contact us online.
Wrongful Termination FAQs
My employer said I was fired for performance. Do I still have a case?
Possibly. A performance reason does not end the analysis. If your reviews were good until shortly after you complained, took leave, or disclosed a disability, or if coworkers with similar records were treated differently, the stated reason may be a pretext. The timeline and documents usually matter most.
How long do I have to file a wrongful termination claim?
It depends on the claim. Under FEHA, you generally have three years to file with the California Civil Rights Department, and then one year after receiving a right-to-sue notice to file a lawsuit. A claim for termination in violation of public policy is generally subject to a two-year deadline. A retaliation complaint with the Labor Commissioner generally must be filed within one year.
Can I collect unemployment if I was fired?
Often, yes. The Employment Development Department decides eligibility, and being fired does not automatically disqualify you unless the firing was for misconduct as defined by unemployment law. Applying for unemployment does not prevent you from pursuing an employment claim.
Should I sign the severance agreement my employer offered?
Not before you understand what you are giving up. Most severance agreements include a release of legal claims. An attorney can review the agreement and tell you whether it is fair given the circumstances.
This content is for informational purposes and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and past results do not guarantee a similar outcome.
Recent Results
These are selected wrongful termination and related recoveries. They are not a complete list of the firm’s work. See all selected results on our employment case results page.
- $100,000 — A skilled welder at a fabrication company. (Wrongful termination and discrimination)
- $95,000 — A health clinic employee fired while on approved medical leave, who was also denied breaks and overtime. (Wrongful termination, medical leave, and wage and hour)
- $65,000 — A part-time retail cashier fired after a hospitalization and a request for recovery time after surgery. (Disability discrimination and wrongful termination)
Disclaimer: Past results do not guarantee or predict a similar outcome. Every case is different, and results depend on the facts. Amounts shown are gross recoveries before attorney’s fees and costs. Class settlement amounts are totals for the class, not what any one person received.