Laid Off in California? Know Your Rights After a Wrongful Termination
This week's question comes from Marcus in San Francisco, CA who asks:
"What should I do if I was just fired in the San Francisco Bay Area and think it was illegal?"
Thank you for your question, Marcus. Being laid off or fired can be devastating, especially if you suspect your termination was not legal. In California, employment is generally "at-will", meaning an employer can let someone go without a specific reason. However, there are important exceptions and if your termination was discriminatory, retalitatory or violated public policy, you may have a case for wrongful termination.
Understanding Your Rights After Being Fired
In San Francisco and across California, employees are protected by strong labor laws. Even in an at-will state, it is illegal for an employer to terminate you for reasons that include:
- Discrimination based on race, gender, age, disability, sexual orientation, religion, or other protected characteristics.
- Retaliation for reporting illegal conduct, including whistleblowing or harassment complaints.
- Exercising your rights under the FMLA, CFRA, or other medical and family leave laws.
- Refusing to break the law at your employer's request.
If any of these situations sound familiar, you should take action immediately.
Steps to Take Right Now If You Were Wrongfully Terminated
- Document Everything: Start gathering evidence. Save emails, performance reviews, text messages, HR memos, and anything else that could support your claim. After conversations with your employer or HR, send a follow-up email summarizing what was discussed. Do not take confidential company documents. Instead, document what happened without breaking company policy.
- Speak to a Wrongful Termination Lawyer: Consulting an experienced employment lawyer in San Francisco can help determine whether you have a valid claim. At Dolan Law Firm, our wrongful termination employment law attorneys can evaluate your case, help gather proof and explain your options under California labor laws.
- Apply for Unemployment Benefits: Even if your termination was unfair, you may still qualify for unemployment through California’s Employment Development Department (EDD). Apply quickly to receive financial support during your job search.
- File a Complaint with the California Civil Rights Department: If your firing was based on discriminastion or retaliation, you can file a charge with the California Civil RIghts Department (CRD). They will investigatr your claim and help enforce your rights as a worker.
Don't Wait | Protect Your Rights
Wrongful termination cases often depend on quick action and proper documentation. If you believe your firing was illegal, speak with a legal team that has experience winning these cases across the Bay Area. At Dolan Law Firm, we’ve been fighting for employees’ rights for over 25 years.
