Getting fired is disorienting. In the hours and days afterward, most people are thinking about rent, health insurance, and what to tell their family, not about legal strategy. But what you do in the first few weeks can make a real difference if your firing turns out to be unlawful.
California is an at-will state. Under Labor Code section 2922, most employers can end employment without giving a reason. But they cannot fire someone for an illegal reason, such as discrimination, retaliation for a complaint, taking protected leave, or refusing to break the law. Here is a practical checklist for California workers who think their termination crossed that line.
1. Write Down What Happened While It Is Fresh
As soon as you can, write a detailed account of the termination meeting: the date and time, who was there, what reason they gave, and any documents you were handed or asked to sign. Then go further back. Build a timeline of the events leading up to the firing, such as complaints you made, leave you requested, a disability or pregnancy you disclosed, performance reviews, and changes in how your manager treated you.
Timing often matters in wrongful termination cases. A firing that comes shortly after protected activity can be strong evidence. Under Labor Code sections 98.6 and 1102.5, adverse action within 90 days of certain protected activity creates a rebuttable presumption of retaliation.
2. Check Your Final Paycheck
When an employer fires you, all earned and unpaid wages are generally due immediately at the time of termination (Labor Code section 201). That includes accrued, unused vacation or paid time off. If the final pay is late, the employer may owe waiting time penalties of up to 30 days of your daily wages (Labor Code section 203). Keep the final pay stub and note when and how you received it.
3. Request Your Personnel File and Payroll Records
California employees and former employees have the right to inspect or receive a copy of their personnel records. Under Labor Code section 1198.5, the employer generally must comply within 30 days of a written request. Under Labor Code section 226, you can also request your payroll records, which the employer generally must provide within 21 days. Labor Code section 432 also entitles you to copies of documents you signed relating to obtaining or holding your job. Make these requests in writing and keep a copy.
4. Do Not Rush to Sign a Severance Agreement
Severance offers usually come with a release, meaning you give up the right to sue in exchange for payment. Under Government Code section 12964.5, an agreement related to separation from employment that includes a release of claims must notify you of your right to consult an attorney and give you at least five business days to consider it. You can usually take that time. An attorney can review whether the amount is reasonable in light of any claims you may be giving up.
5. Preserve Evidence the Right Way
Save personal copies of texts, voicemails, and emails on your own devices, as well as any reviews, commendations, or write-ups you were already given. Write down the names and contact information of coworkers who saw relevant events. Do not take confidential company documents, trade secrets, or customer data, and do not access company systems after you have been told your employment ended. That can create legal problems of its own.
6. Return Company Property and Stay Professional
Return laptops, badges, and other company property promptly, and keep a record of what you returned and when. Avoid angry emails to managers or posts about your employer on social media. Anything you write may become evidence, and a calm record helps you.
7. Apply for Unemployment Benefits
Being fired does not automatically disqualify you from unemployment insurance. The Employment Development Department (EDD) decides eligibility, and benefits are generally denied only for misconduct as defined by unemployment law. California employers are required to give a written notice of the change in your employment status, along with information about unemployment insurance. Apply promptly. Collecting unemployment does not prevent you from pursuing an employment claim.
8. Understand Your Health Coverage Options
If you had employer health insurance, you may be able to continue it under federal COBRA or California’s Cal-COBRA, depending on the size of the employer. Covered California is another option. Watch the election deadlines in any notices you receive.
9. Know Your Rights About Your Next Job
Most non-compete agreements are void in California under Business and Professions Code section 16600, and California law now makes it unlawful for an employer to try to enforce one against you. Your former employer generally cannot stop you from working for a competitor, though valid confidentiality and trade secret obligations still apply.
10. Talk to an Employment Lawyer Before the Deadlines Run
Different claims have different deadlines. Under the Fair Employment and Housing Act (FEHA), you generally have three years to file a complaint with the California Civil Rights Department, then one year after 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 statute of limitations. A retaliation complaint with the Labor Commissioner generally must be filed within one year. See our guide on how long you have to file an employment claim in California for more detail.
An early consultation can help you understand which claims may apply, what evidence matters most, and whether a severance offer reflects what your claims may be worth.
Signs Your Firing May Have Been Illegal
- You were fired soon after complaining about harassment, discrimination, unpaid wages, or safety problems.
- You were fired during or soon after medical, pregnancy, or family leave, or after asking for a disability accommodation.
- The reason given does not match your performance record, or coworkers who did the same thing were not fired.
- You were fired after refusing to do something you believed was illegal.
- Comments about your age, race, gender, religion, or another protected trait came before the termination.
- You had a contract or written assurance that you would only be fired for cause.
None of these automatically means you have a case, and a firing can be unfair without being illegal. But if one or more sounds familiar, it is worth having an attorney look at the facts.
Talk to Rastegar Law Group in Torrance
Rastegar Law Group has represented California employees since 1991. If you live or work in Torrance or elsewhere in the South Bay, you can meet with us at 22760 Hawthorne Boulevard, Suite 200, Torrance, CA 90505, Monday through Friday from 9:00 a.m. to 6:00 p.m., or by video. Consultations are free and confidential, in English, Spanish, or Farsi. 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 request a free case evaluation. You can also learn more on our Torrance wrongful termination page.
This content is for informational purposes and is not legal advice. Reading it does not create an attorney-client relationship. Laws change, and the rules that apply depend on your specific facts.
