Davenport Law, PC

Wrongful Termination

California is an at-will state but at-will has limits. If you were fired or pushed out for an unlawful reason, you may have a claim.

At-will doesn’t mean anything goes.

Most California employees are “at will,” which means an employer can let you go at any time, for any reason or no reason, as long as the reason is not illegal. That last part is where employers get into trouble. A firing crosses the legal line when the real reason is discrimination, retaliation for complaining about discrimination or harassment, whistleblowing about health, safety, or other violations of law, or your use of protected leave.

Terminations worth a second look

  • Fired shortly after complaining about discrimination, harassment, or unpaid wages
  • Fired because of a protected characteristic: age, disability, pregnancy, race, sex, and more
  • Fired after requesting an accommodation or returning from medical or family leave
  • A “layoff” or “restructuring” whose timing and target don’t add up
  • Fired for questioning the company’s unlawful business practices
  • Conditions made so intolerable that you had no real choice but to resign

Constructive discharge counts

You don’t have to be formally fired. When an employer makes working conditions so intolerable that a reasonable person would feel compelled to resign, California law can treat that resignation as a termination. Ashley handles constructive discharge claims alongside traditional wrongful termination.

The law here is complicated. The first step isn’t.

Whether your termination falls within an exception to the at-will rule is a legal question, and it is exactly what a consultation answers. Ashley has represented employees fired for protesting harassment, complaining about wage and hour violations, and questioning unlawful business practices. Don’t sign anything on the way out before it’s reviewed, especially a severance agreement. Save a paystub, sketch the timeline, note your witnesses, and call. Filing deadlines are shorter than most people expect.

Handed a severance agreement with your termination? That’s a short-deadline document. See Severance Review before you sign, and before you respond to your employer.