California, including Los Angeles, follows the legal doctrine of at-will employment, meaning that employers can terminate employees at any time, with or without cause or notice. Likewise, employees can leave a job without giving a reason. However, at-will employment is not absolute. Several important exceptions protect workers from unfair or unlawful termination.
1. Discrimination-Based Termination
One of the strongest exceptions to at-will employment is discrimination. Under California’s Fair Employment and Housing Act (FEHA) and federal laws such as Title VII of the Civil Rights Act of 1964, an employer cannot terminate an employee based on protected characteristics, including:
- Race or color
- Gender or gender identity
- Sexual orientation
- Age (40 and over)
- Religion
- National origin
- Disability
- Pregnancy or medical condition
If you were fired because of any of these traits, your termination is not protected by at-will employment laws and may be considered wrongful termination.
2. Retaliation for Protected Activities
Employers also cannot fire an employee in retaliation for engaging in legally protected activities. These activities include:
- Reporting discrimination or harassment
- Filing a workers’ compensation claim
- Taking family or medical leave under FMLA or CFRA
- Reporting wage and hour violations
- Participating in a workplace investigation
- Refusing to engage in illegal activity
If you were terminated shortly after exercising one of these rights, that timing may indicate workplace retaliation, which is unlawful even in an at-will employment setting.
3. Implied Contracts
While at-will employment means there is typically no fixed employment term, exceptions exist when an implied contract is formed. This can happen if:
- Your employer made verbal or written promises about job security
- Company handbooks or policies suggest continued employment
- You had consistently positive performance reviews and were told your job was secure
Even without a signed employment contract, courts in Los Angeles may find that an implied agreement existed, making termination without cause a breach of that agreement.
4. Public Policy Violations
You may also have a claim if you were terminated for reasons that violate California public policy. Examples include being fired for:
- Reporting illegal business practices
- Taking time off to vote or serve on a jury
- Taking legally protected medical or family leave
- Complying with a subpoena
These firings are not protected by at-will doctrine and may lead to a wrongful termination lawsuit.
What To Do if You Suspect You Were Wrongfully Terminated
If you suspect you were wrongfully fired, document everything—emails, performance reviews, and conversations. Request a written explanation for your termination. Avoid signing any severance agreements before seeking legal advice. Then, consult an experienced employment lawyer to evaluate your case and explore your legal options.
Why You Should Consult an Employment Lawyer
If you were fired and suspect your employer used “at-will” employment to cover up discrimination, retaliation, or another unlawful reason, an experienced Los Angeles employment lawyer can help. Our lawyers will will evaluate your termination, gather evidence, and determine whether one of these exceptions applies. Call us for a free consultation.
A lawyer can then help you file a complaint with the California Civil Rights Department (CRD), the Equal Employment Opportunity Commission (EEOC), or pursue legal action for back pay, emotional distress, reinstatement, and other damages.