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The lawCalifornia is an "at-will" employment state (Labor Code § 2922), meaning an employer can generally end employment for any reason or no reason at all — but not for an illegal one. A termination becomes wrongful when it violates a specific statute, an employment contract, or public policy, including the protections found in California's Fair Employment and Housing Act and its whistleblower law (Labor Code § 1102.5).

Examples

• Fired shortly after reporting a safety or legal violation to a manager or regulator
• Let go while on approved medical leave, before the leave period ended
• Terminated for refusing to falsify records or break the law at a supervisor's request
• Fired days after returning from jury duty or military service
• Let go for filing a workers' compensation claim after a workplace injury
• Terminated shortly after taking legally protected time off to vote or serve as an election worker

The lawFEHA (Gov't Code § 12940) and Title VII of the Civil Rights Act of 1964 prohibit treating an employee or applicant worse because of race or color, in hiring, pay, discipline, promotion, or termination decisions.

Examples

• Held to a stricter grooming or dress-code standard than coworkers of other races
• Passed over for a promotion despite stronger qualifications than a colleague outside the group
• Given racially coded feedback, such as being called "not a culture fit"
• Assigned less favorable shifts, accounts, or territories based on race

The lawFEHA and Title VII prohibit discrimination based on sex, gender identity, and gender expression, and the California Equal Pay Act (Labor Code § 1197.5) requires equal pay for substantially similar work regardless of sex.

Examples

• Paid less than a colleague of a different sex performing substantially similar work
• Denied a role because a manager assumed a caregiving duty would get in the way
• Referred to by the wrong name or pronouns after being asked to stop
• Steered away from client-facing roles because of gender stereotypes

The lawFEHA and the federal Age Discrimination in Employment Act protect employees 40 and older from being treated worse because of age, including in layoffs, hiring, and promotion decisions.

Examples

• Laid off shortly after a round of hiring skewed toward younger applicants
• Told, directly or indirectly, that the company wants "new blood" or "younger energy"
• Excluded from training or advancement opportunities offered to younger coworkers
• Pressured to retire after mentioning a milestone birthday

The lawFEHA and the Americans with Disabilities Act require employers to reasonably accommodate a known disability and prohibit discrimination against qualified employees who can perform the job's essential functions with or without accommodation.

Examples

• Denied a requested accommodation, like modified duties or a flexible schedule, without an honest discussion
• Terminated shortly after disclosing a diagnosis or requesting leave for treatment
• Subjected to invasive questions about a medical condition unrelated to job performance
• Passed over for promotion after returning from a medical leave

The lawCalifornia's Pregnancy Disability Leave law and FEHA require employers to accommodate pregnancy, childbirth, and related conditions, and prohibit treating an employee worse for being pregnant or planning to become pregnant.

Examples

• Demoted or reassigned after announcing a pregnancy
• Denied a temporary light-duty accommodation available to other employees with similar limitations
• Not reinstated to the same position after pregnancy disability leave
• Passed over for a role because a manager assumed she'd prioritize family over career

The lawFEHA and Title VII prohibit discrimination based on religious belief or practice and require employers to reasonably accommodate sincerely held religious practices — such as schedule adjustments for religious observance — unless doing so would cause undue hardship.

Examples

• Denied a schedule change for a religious holiday that similarly situated coworkers received for other reasons
• Mocked or pressured to remove visible religious garb or symbols
• Passed over for scheduling accommodations granted to employees of other faiths
• Required to take part in a religious activity as a condition of employment

The lawFEHA makes it unlawful for any employee — not just a supervisor — to harass a coworker based on a protected characteristic, and employers are automatically liable for harassment by supervisors. California also requires many employers to provide anti-harassment training (Gov't Code § 12950.1).

Examples

• A supervisor repeatedly makes unwelcome sexual comments or advances
• Coworkers circulate offensive jokes about someone's religion or national origin
• Management is told about harassment and does nothing to investigate or stop it
• Unwanted physical contact or comments about a coworker's body or appearance
• Offensive images or messages tied to a protected characteristic shared at work
• Deliberately excluded from meetings or assignments alongside a pattern of harassing remarks

The lawLabor Code § 1102.5 and FEHA prohibit punishing an employee for engaging in legally protected activity — filing a complaint, participating in an investigation, requesting an accommodation, or reporting a suspected legal violation.

Examples

• Demoted the week after filing an internal HR complaint about a manager
• Given a sudden negative review after testifying in a coworker's harassment case
• Hours cut sharply after requesting a pregnancy-related accommodation
• Placed on a performance improvement plan right after filing a discrimination complaint
• Excluded from meetings or key projects after raising a wage or safety concern
• Given a negative reference to a prospective employer after filing a claim

The lawThe federal Family and Medical Leave Act and California Family Rights Act guarantee eligible employees up to 12 weeks of unpaid, job-protected leave for a serious health condition, to bond with a new child, or to care for a family member. Employers cannot interfere with, deny, or retaliate against employees for taking this leave.

Examples

• Told a position "isn't available anymore" after returning from approved medical leave
• Denied leave to care for a seriously ill parent despite meeting eligibility requirements
• Pressured to work or answer email while on approved leave
• Not reinstated to the same or an equivalent position after returning from leave
• Required to use vacation or sick time instead of protected leave, without being told
• Denied intermittent leave for ongoing medical treatment despite proper certification

The lawThe California Labor Code and Industrial Welfare Commission Wage Orders require overtime pay (1.5x after 8 hours a day or 40 a week), meal and rest breaks, accurate wage statements, and correct worker classification. Violations can be pursued individually or, in some cases, on behalf of other employees under the Private Attorneys General Act.

Examples

• Regularly working through lunch with no compensation or break premium
• Classified as an independent contractor while being controlled like an employee
• Paid a flat salary despite qualifying for overtime under California law
• Required to work off the clock before or after a scheduled shift
• Tips pooled and shared with managers or owners
• Final paycheck not issued on time after termination or resignation

Class actionsWhen a wage and hour violation comes from a uniform policy or practice rather than a one-off mistake, employees affected the same way may be able to pursue it together. Groups of employees can bring a class action under California Code of Civil Procedure § 382, and can also pursue a representative action on the state's behalf under the Private Attorneys General Act (PAGA, Labor Code § 2698 et seq.), which recovers civil penalties for the whole affected workforce, not just the person who filed.

Class action examples

• A companywide policy of rounding time clock entries in the employer's favor
• An entire job title classified as exempt from overtime regardless of actual duties
• A location or department where off-duty meal breaks are routinely denied
• A uniform practice of not reimbursing employees for required business expenses, like mileage or cell phone use
• A standard offer letter or handbook policy that fails to pay all employees for accrued, unused vacation upon termination
• A fleet, warehouse, or delivery operation that requires unpaid time for mandatory security checks or bag searches
• A commission or piece-rate pay plan that doesn't separately compensate rest breaks and non-productive time
• Wage statements across the workforce that consistently omit required information, like hours worked or applicable pay rates
• A standard practice of scheduling shifts without the required day of rest or reporting-time pay
• A company-issued policy requiring employees to purchase their own uniforms or tools without reimbursement
• A companywide formula that leaves bonuses or commissions out of the "regular rate of pay" used to calculate overtime, resulting in underpaid overtime workforce-wide