Key Fact
California is an at-will employment state — but termination is still illegal if it violates a statute, a contract, or public policy. Being fired for taking FMLA/CFRA/PFL leave is wrongful termination.
What Makes a Termination "Wrongful" in California?
Despite at-will employment, California law prohibits firing an employee for many specific reasons. Common wrongful termination grounds include:
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Retaliation for taking protected leaveFiring an employee for taking FMLA, CFRA, PDL, or PFL leave is illegal under both state and federal law.
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DiscriminationTermination based on race, gender, age (40+), religion, national origin, disability, sexual orientation, or pregnancy violates FEHA (Fair Employment and Housing Act).
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Whistleblower retaliationFiring an employee for reporting illegal activity, safety violations, or wage theft to a government agency is prohibited under Labor Code §1102.5.
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Violation of public policyFiring someone for jury duty, voting, or other legally protected activities violates California public policy.
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Contract violationIf you have an employment contract (written or implied) that limits termination, firing outside those terms may be wrongful.
Wrongful Termination After Leave: What to Do
If you were fired while on or after returning from FMLA, CFRA, PDL, or PFL:
1
Document everything immediatelySave termination letter, emails, HR communications, pay stubs, your leave approval documentation, and any notes from verbal conversations (date, time, who said what).
2
File a complaint with the right agencyCFRA/FMLA retaliation: California Civil Rights Department (calcivilrights.ca.gov) or U.S. DOL (dol.gov). Discrimination: DFEH. FMLA: DOL Wage & Hour Division.
3
Know your filing deadlinesFEHA complaints: 3 years from the discriminatory act. FMLA retaliation: 2 years (3 if willful). Missing deadlines can bar your claim.
Where to File a Complaint
Frequently Asked Questions
Can I be fired while on FMLA or CFRA leave? +
Generally no. Firing an employee because they took or requested FMLA/CFRA leave is illegal retaliation. However, if a layoff would have occurred regardless of the leave (e.g., company-wide reduction), it may not be wrongful termination. Document all communications to establish the connection between your leave and the termination.
What can I recover in a wrongful termination case? +
Potential remedies include: back pay (wages lost since termination), front pay (future lost earnings), reinstatement to your position, emotional distress damages, punitive damages in egregious cases, and attorney's fees. FMLA violations also allow liquidated damages equal to back pay.
How long do I have to file a wrongful termination complaint? +
Deadlines vary: FEHA (discrimination, CFRA retaliation): 3 years from the act. FMLA retaliation: 2 years (3 if willful). Whistleblower under Labor Code 1102.5: 3 years. Missing deadlines typically bars your claim, so act promptly.
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