File Quickly: A FEHA complaint with the California Civil Rights Department (CRD) must be filed within 3 years of the last discriminatory act. Federal EEOC charges must be filed within 300 days. Missing these deadlines permanently bars your civil lawsuit.
Step-by-Step Guide
The moment you're terminated (or suspect termination is coming), gather and preserve: copies of all performance reviews (positive and negative), emails or messages showing discriminatory comments or unequal treatment, your employee handbook and company policies, documentation of any complaints you made to HR, your job description, and any offers/promises your employer made. Email copies to a personal account from a company device only if your handbook permits this — otherwise take photos of screens.
Tip: Many employers cut IT access immediately upon termination — you may have minutes or hours before losing access to company email. Prioritize documenting evidence that shows disparate treatment compared to similarly-situated employees.
California Labor Code §1198.5 gives you the right to request and receive a copy of your complete personnel file within 30 days of termination. Send a written request (certified mail) to HR immediately. The file contains performance reviews, disciplinary records, HR complaints, and other documentation critical to your claim.
Tip: Compare the file to your own records. Missing documents or alterations may themselves be evidence of wrongdoing.
California wrongful termination claims fall into: (1) FEHA discrimination (race, sex, age 40+, disability, pregnancy, national origin, etc.); (2) Retaliation (for workers' comp claim, whistleblowing, FMLA/CFRA leave, discrimination complaint); (3) Public policy violation (Tameny — jury duty, military leave, refusing illegal orders); (4) Implied contract (handbook created for-cause protection). Identifying the right theory determines your administrative filing requirements.
Tip: Not all unfair terminations are wrongful terminations. If the firing was based on protected class membership or protected activity — not just unfairness — you may have a claim. Consult an employment attorney to evaluate.
For FEHA claims (discrimination, harassment, retaliation), file a complaint with the California Civil Rights Department at calcivilrights.ca.gov or 800-884-1684. You can file online and the CRD will investigate. The CRD will issue a right-to-sue letter (after completing investigation or upon request after 100 days), which you need before filing a civil lawsuit.
Tip: You can simultaneously file with the EEOC for federal law protection. The CRD and EEOC have a work-sharing agreement — one charge typically covers both. For cases under Title VII, ADEA, and ADA, the EEOC 300-day deadline is critical.
California employment law requires wrongful termination plaintiffs to mitigate damages — make reasonable efforts to find comparable employment. Document your job search efforts: applications submitted, interviews attended, job offers received or declined. Refusing a comparable job can reduce your lost wages recovery.
Tip: Keep a job search log with dates and outcomes. This is required if your case goes to trial — failing to mitigate substantially reduces your damages award.
If offered a severance package, do not sign immediately — you likely have 21 days to review (45 days if group layoff) and 7 days to revoke after signing under the Older Workers Benefit Protection Act (OWBPA) for age discrimination releases. Have an employment attorney review before signing any release of claims.
Tip: A broad release of all claims in exchange for severance waives your right to sue for wrongful termination. If you have a strong claim, the settlement value may far exceed what's offered as severance.
Preserve: all company communications (emails, Slack, texts), performance feedback (written and verbal), names of coworkers who witnessed discriminatory conduct or who were treated differently, records of HR complaints and responses, and the timeline of events leading to termination.
Tip: Witnesses who saw discriminatory comments or unequal treatment are essential. Contact them before they lose access to their work email — their recollection is freshest now.
Employment attorneys typically offer free consultations and work on contingency for FEHA and wrongful termination cases — you pay nothing unless they win. An employment attorney can evaluate whether your termination meets the legal standard for a wrongful termination claim, advise on administrative prerequisites, and calculate your potential damages (lost wages, future earnings, emotional distress, punitive damages, and attorney's fees under FEHA).
Tip: Many strong wrongful termination cases settle before trial through mediation. The key is having an attorney who builds a compelling documentary case early.
Frequently Asked Questions
How do I prove wrongful termination in California?
Proving wrongful termination requires showing: (1) you belong to a protected class or engaged in protected activity; (2) you suffered an adverse employment action (termination, demotion, pay cut); (3) there is a causal connection between the protected class/activity and the adverse action. Causation is often shown through: close timing between the protected activity and termination, differential treatment compared to similarly-situated non-protected employees, discriminatory comments by decision-makers, and pretextual reasons given for termination (stated reason doesn't match the real reason).
Can I sue for emotional distress from wrongful termination in California?
Yes. California FEHA and wrongful termination plaintiffs can recover emotional distress damages for anxiety, depression, sleep disruption, loss of enjoyment of life, and other psychological impacts of the termination. Document your symptoms, seek treatment from a therapist or psychiatrist, and keep records of how the termination affected your daily functioning. Emotional distress awards in California employment cases range widely — from $50,000 for moderate cases to $500,000+ for severe and documented psychological harm.
What is the California Civil Rights Department (CRD) and do I have to file with them?
The California Civil Rights Department (formerly DFEH) is the state agency that enforces FEHA. Before filing a civil lawsuit for discrimination or harassment under FEHA, you must either: (1) file a complaint with the CRD and receive a right-to-sue letter, or (2) request an immediate right-to-sue letter from the CRD to bypass the investigation. The CRD filing is a mandatory prerequisite. For federal claims (Title VII, ADEA, ADA), you must file with the EEOC or dual-file. Your employment attorney typically handles all agency filings.
How much can I recover in a wrongful termination lawsuit in California?
California wrongful termination damages include: back pay (lost wages from termination to judgment), front pay (future lost earnings in lieu of reinstatement), lost benefits (health insurance, retirement contributions), emotional distress damages, and attorney's fees and costs (in FEHA cases — this is a major advantage). For malicious or oppressive employer conduct, punitive damages are available. Total recoveries in San Diego wrongful termination cases commonly range from $75,000 for straightforward cases to $2,000,000+ for egregious cases with strong evidence.
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