Wrongful Termination in California
California is at-will, but its exceptions swallow much of the rule. This guide covers FEHA, Tameny, whistleblower, CFRA, and the practical steps from termination to filing.
What is "wrongful termination" in California?
California Labor Code § 2922 establishes at-will employment: either party can terminate the relationship at any time, with or without cause. But termination becomes wrongful when the reason violates a statute or public policy. The major categories:
- FEHA discrimination / retaliation — Gov. Code §§ 12940, 12945.2.
- Common-law Tameny claims — firing for refusing to commit an illegal act, exercising a statutory right, reporting a violation, or performing a statutory obligation.
- Labor Code whistleblower — § 1102.5.
- CFRA leave retaliation — Gov. Code § 12945.2.
- Wage-claim retaliation — Labor Code § 98.6.
- Implied contract — Foley v. Interactive Data Corp., 47 Cal.3d 654 (1988).
Key statutes
- Gov. Code § 12940 — FEHA prohibited conduct.
- Gov. Code § 12960 — CRD filing deadlines.
- Labor Code § 1102.5 — whistleblower.
- Labor Code § 98.6 — wage complaint retaliation.
- Labor Code § 6310 — Cal/OSHA retaliation.
- Gov. Code § 12945.2 — CFRA (California Family Rights Act).
Elements of a Tameny claim
- Employer-employee relationship.
- Termination of employment.
- A substantial motivating reason was a violation of public policy.
- Harm — lost wages, emotional distress, etc.
- The termination was a substantial factor in causing the harm.
See CACI 2430 for the model jury instruction. The public policy must be tied to a statute or constitutional provision — not merely an internal company policy.
What you need before filing
- Offer letter, handbook, and any written performance reviews.
- Termination letter or email (or contemporaneous notes of a verbal firing).
- Dated chronology of protected activity and adverse actions.
- Witness list — coworkers who saw or heard relevant events.
- Pay records for back-pay and front-pay calculations.
- CRD right-to-sue letter if pleading FEHA claims.
- Documentation of emotional distress — therapy notes, medication changes.
Remedies available
Back pay from termination through trial, front pay (projected future wages), emotional-distress damages, punitive damages on common-law claims (Civ. Code § 3294), attorney's fees under FEHA (Gov. Code § 12965(c)(6)), and reinstatement. Punitive damages require clear and convincing evidence of malice, oppression, or fraud and reaching a managing agent.
How CaseCraft helps
Our California wrongful-termination reference template pleads FEHA (with administrative exhaustion allegations), Tameny, § 1102.5, and any applicable wage-claim retaliation as separate counts, formatted for the Superior Court in your county. Citations validated.
Labor templates $300 standard, $450 rush (50% premium).
FAQ
Isn't California an at-will state?+
Yes — Labor Code § 2922 establishes at-will employment. But there are powerful exceptions: discrimination under FEHA, retaliation for whistleblowing (§ 1102.5), violations of public policy (Tameny v. Atlantic Richfield, 27 Cal.3d 167 (1980)), and implied contracts.
What is a Tameny claim?+
A common-law tort claim for wrongful termination in violation of public policy. The public policy must be (1) grounded in a statute or constitutional provision, (2) fundamental and substantial, (3) public rather than private, and (4) well-established at the time of termination (Stevenson v. Superior Court, 16 Cal.4th 880 (1997)).
How long do I have to sue?+
FEHA: 3 years to file with CRD (formerly DFEH), then 1 year after the right-to-sue notice. Tameny / common-law wrongful termination: 2 years. Labor Code § 1102.5 retaliation: 3 years. California Government Code § 12960 for FEHA. Check every deadline — they differ by claim.
Do I file with the CRD before suing?+
Yes for FEHA claims. California's Civil Rights Department (CRD) issues a right-to-sue letter. You cannot file a FEHA lawsuit without one. Tameny and Labor Code claims do not require administrative exhaustion.
Should I file in state or federal court?+
California state court is typically preferable for California-only claims — state courts apply FEHA and Tameny regularly, jury pools are often plaintiff-friendly, and there's no automatic fee-shifting burden. Federal court may be preferable if you have parallel Title VII claims and want broader discovery.
Can CaseCraft draft my California wrongful-termination complaint?+
Yes. Our California-specific template pleads FEHA, Tameny, Labor Code § 1102.5, and wage claims as applicable, formatted for Superior Court (Judicial Council form captions or pleading format per Local Rules). We are not a law firm.
See also: Title VII EEOC · FLSA overtime