File Quickly: FEHA discrimination/harassment complaints must be filed with the California Civil Rights Department (formerly DFEH) within 3 years of the last discriminatory act. Federal EEOC claims must be filed within 300 days. Failure to meet these deadlines permanently bars your claim.
California's At-Will Employment Rule
California Labor Code §2922 creates a presumption of at-will employment — either party can terminate the relationship at any time for any reason or no reason. However, this presumption has significant exceptions that protect San Diego workers from unlawful terminations.
Wrongful Termination: The Key Exceptions
1. Discrimination Under FEHA (Gov't Code §12940)
California's Fair Employment and Housing Act prohibits termination based on:
| Protected Characteristics Under California FEHA |
|---|
| Race, color, national origin | Religion / creed |
| Sex / gender (including pregnancy) | Sexual orientation |
| Gender identity/expression | Marital status |
| Age (40+) | Disability (physical or mental) |
| Medical condition | Genetic information |
| Military/veteran status | Source of income (housing) |
2. Retaliation
Terminating an employee for engaging in protected activity is unlawful retaliation. Protected activities include: filing a workers' comp claim (Labor Code §132a), complaining about unpaid wages, reporting safety violations (Cal/OSHA), taking medical/family leave (CFRA/FMLA), and opposing discrimination or harassment.
3. Whistleblower Protections
Labor Code §1102.5 protects employees who report potential violations of law to a government agency, their employer, or law enforcement. San Diego employees in healthcare, defense contracting, and government work have additional whistleblower protections under federal law.
4. Public Policy Violations (Tameny Claims)
Under Tameny v. Atlantic Richfield Co., firing an employee for refusing to perform an illegal act or for exercising a statutory right (jury duty, voting, military leave) is wrongful termination in violation of public policy — even for at-will employees.
5. Implied Contract
If an employer's handbook, policies, or oral representations created an expectation of continued employment or a termination-for-cause standard, that implied contract can override at-will status.
Damages in California Wrongful Termination Cases
- Lost wages (back pay from termination to judgment)
- Future lost earnings (front pay)
- Lost benefits (health insurance, retirement)
- Emotional distress
- Punitive damages (for malicious or oppressive conduct)
- Attorney's fees and costs (FEHA cases)
Filing a Wrongful Termination Complaint in San Diego
- California Civil Rights Department (CRD) — File a FEHA complaint at calcivilrights.ca.gov within 3 years of the last discriminatory act
- EEOC — File a federal charge within 300 days (for Title VII, ADEA, ADA federal claims)
- Right-to-sue letter — After CRD issues a right-to-sue letter, you have 1 year to file a civil lawsuit
Frequently Asked Questions
What makes a termination 'wrongful' in California?
In California, a termination is wrongful if it: (1) was motivated by a protected characteristic under FEHA (race, sex, age, disability, etc.); (2) was retaliation for protected activity (filing workers' comp, reporting violations, taking CFRA/FMLA leave); (3) violated public policy (jury duty, refusing to commit a crime); or (4) breached an implied contract created by employer policies or representations. A San Diego employment attorney can evaluate whether your specific termination facts support a wrongful termination claim.
How long does a California wrongful termination lawsuit take?
FEHA administrative complaints at the CRD typically take 6–12 months before a right-to-sue letter is issued. After filing a civil lawsuit, cases typically take 18–36 months to reach trial or settlement. Many wrongful termination cases settle during mediation (often required before trial in San Diego Superior Court) within 12–24 months. Cases involving clear-cut violations with strong documentary evidence (emails, performance reviews) tend to settle faster.
Can I sue for emotional distress after being wrongfully terminated?
Yes. California wrongful termination plaintiffs can recover for emotional distress damages — anxiety, depression, sleep disruption, loss of enjoyment of life — that resulted from the unlawful termination. FEHA cases specifically allow emotional distress recovery. You should document your symptoms, seek treatment from a mental health professional, and maintain records of how the termination affected your daily life. Emotional distress awards in California employment cases often range from $50,000 to $500,000+ depending on severity and circumstances.
What is the difference between being laid off and wrongful termination?
A genuine layoff due to business restructuring, reduction in force, or job elimination is generally lawful in California — even if it feels unfair. However, wrongful termination can be disguised as a layoff when: the 'layoff' disproportionately targets protected employees (age, disability, race), the position is quickly refilled with a younger or non-protected worker, the 'layoff' coincides with a protected activity (workers' comp claim, pregnancy leave request), or the selection criteria were pretextual. A San Diego employment attorney can evaluate whether your layoff was a legitimate business decision or pretext for discrimination.
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