California Wrongful Termination Lawyer for Employees
As a California wrongful termination lawyer, Milan Chatterjee represents employees in San Bernardino and Riverside Counties who were fired for an illegal reason. California lets employers end employment without giving a reason, but never because of who you are, because you complained or reported wrongdoing, or because you took protected leave.
Free, confidential. We respond within minutes.
2 States
Admitted to the State Bars of Nevada and California
Fortune 500
Former in-house counsel, Las Vegas Sands Corp.
UCLA Law
Law degree, UCLA School of Law; visiting student, NYU Law
As Seen In
Bloomberg Law and the Las Vegas Review-Journal
2 States
Admitted to the State Bars of Nevada and California
Fortune 500
Former in-house counsel, Las Vegas Sands Corp
UCLA Law
Law degree, UCLA School of Law; visiting student, NYU Law
As Seen In
Bloomberg Law and the Las Vegas Review-Journal
What You Can Recover After a Wrongful Termination in California
What a case is worth depends on why you were fired, what you earned and how the termination has affected you. California claims are often worth more than federal ones, because FEHA and the Labor Code provide remedies and penalties that federal law does not. As your California wrongful termination lawyer, our job is to identify every one that applies to you.
Financial damages you can recover
Beyond the money
California Is an At-Will State, but There Are Limits
Under California Labor Code 2922, a job with no specified term can be ended by either side on notice. That rule has important exceptions, and when one applies, a California wrongful termination lawyer can hold the employer accountable.
Fired Because of Who You Are (Discrimination)
California's Fair Employment and Housing Act makes it illegal for employers with 5 or more employees to fire someone because of race, color, religion, national origin, ancestry, sex, pregnancy, gender identity or expression, sexual orientation, age (40 and over), disability, medical condition, genetic information, marital status, military or veteran status, or reproductive health decisions (Gov. Code 12940(a)).
How We Win: Employers rarely admit a discriminatory reason. We compare how you were treated with coworkers outside your protected group, test the stated reason against your record, and look for shifting explanations.
Fired for Speaking Up (Retaliation)
It is illegal to fire you for opposing discrimination or harassment, filing a complaint, or helping an investigation (Gov. Code 12940(h)). It is also illegal to fire you for taking family or medical leave (Gov. Code 12945.2), pregnancy disability leave (Gov. Code 12945) or paid sick leave (Lab. Code 246.5).
The Timing Tells the Story: A firing soon after a complaint or a leave request is strong evidence. If you are fired within 90 days of certain Labor Code complaints, such as about unpaid wages, the law presumes retaliation (Lab. Code 98.6).
Fired for Doing the Right Thing (Public Policy)
California courts allow a wrongful termination lawsuit when an employer fires someone for a reason that violates a well-established, fundamental public policy, a claim that comes from Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167. Specific statutes also protect employees who report a suspected violation of law (Lab. Code 1102.5), complain about workplace safety (Lab. Code 6310), or file a workers' compensation claim (Lab. Code 132a).
Promises the Employer Made and Broke (Implied Contract)
At-will employment applies only to jobs with no specified term. A contract for a set term, or an express or implied promise that you would only be fired for good cause, can turn a termination into a breach of contract. Promises can come from:
What We Look For: Any handbook, offer letter or written policy that limits when you can be fired, and whether the employer followed it. Handbooks often contain disclaimers, so the exact wording matters.
Unsure Whether You Have a Case?
Most people are not sure, and that is normal. Tell us what happened and we will give you a straight answer about your options and deadlines.
Investigation, Aggressive Pursuit, Maximum Recovery
When you hire a California wrongful termination lawyer at our firm, your case moves through the same three phases.
We start with your timeline, your records and the reason your employer gave. We request your personnel file, which your employer must provide within 30 days of a written request (Lab. Code 1198.5), and your payroll records, due within 21 days (Lab. Code 226). Then we tell you plainly whether you have a claim, what it may be worth and which deadlines apply.
We file where your claim belongs: the California Civil Rights Department for FEHA claims, the Labor Commissioner for Labor Code retaliation, the Workers' Compensation Appeals Board for workers' compensation retaliation, or Superior Court. As former in-house counsel, Milan knows how employers document terminations and where those records break down.
Most cases resolve through negotiation or mediation, and we prepare every case as if it will go to trial so the settlement reflects its real value. We pursue lost pay, damages, statutory penalties and attorney's fees, and we negotiate the terms that matter to you, such as references and how the separation is recorded.
California Workers We Fight For
Our California wrongful termination lawyer represents fired employees across the Inland Empire's largest industries.
Retail & Hospitality
Stores, restaurants and hotels where firings often follow complaints about harassment, schedules or unpaid wages.
Warehousing & Logistics
Distribution centers and fulfillment warehouses across San Bernardino and Riverside Counties. Firings after injury reports, safety complaints, leave requests or complaints about pay are common.
Health Care
Hospitals, clinics and care facilities. Nurses and staff are protected when they report patient safety concerns or legal violations.
Construction
Workers fired after reporting unsafe conditions or a job site injury are protected by Lab. Code 6310 and 132a.
Office & Professional
Managers and professionals fired after raising concerns, taking leave or turning 40, including executives negotiating severance.
Manufacturing
Plant and production workers fired after injuries, leave or reports of safety and environmental violations.
What To Do in the First 7 Days After Termination
The first week after a firing shapes the case that follows. In California, your final paycheck is due immediately when you are fired, and a willful delay can cost the employer up to 30 days of your wages (Lab. Code 201, 203).
Don't Sign Anything Yet
A severance agreement usually asks you to give up every claim you have. If you are 40 or older, federal law gives you at least 21 days to consider a release (45 in a group layoff) and 7 days to revoke it after signing (29 U.S.C. 626(f)). A short deadline is often negotiable. Have the agreement reviewed before you sign.
Save Everything
Keep your own texts, emails sent to you, pay stubs, schedules, reviews and the termination notice. Do not take confidential company files. Send written requests for your personnel file and payroll records.
Write Down the Timeline
List the dates of complaints, leave, injuries, reviews, warnings and the termination meeting, and who said what. Do it now while memories are fresh. Timing is often the strongest evidence in a wrongful termination case.
Call an Employee Rights Lawyer
Some California deadlines run in one year. An early call protects evidence and lets us act before deadlines pass. Call (888) 785-9923 for a free consultation.
Call an Employee Rights Lawyer
Don't wait until it's too late to explore your legal options. Contact an experienced employment lawyer to discuss your situation, understand your rights, and determine the next steps.
Call (888) 785-9923 today for a free, confidential consultation.
Evidence That Can Strengthen a Wrongful Termination Case
The strongest California wrongful termination cases are built on documents and timing: complaints and leave requests with dates, performance reviews that contradict the stated reason, and coworkers who did the same thing without being fired. Your personnel file and payroll records, which California law lets you request, often show whether the employer's story holds up.
Messages from supervisors, schedule changes, discipline that started only after protected activity, and witnesses who heard what was said all matter. A California wrongful termination lawyer gathers and organizes this evidence so it can be used with the agency, in negotiation or at trial.
Wrongful Termination and California Employment Law
Which law applies, and how long you have, depends on why you were fired. Some deadlines can be paused while an agency complaint is pending, and others are short, so talk to an attorney before relying on any deadline.
California Wrongful Termination Deadlines
| Reason for the firing | Where to file | General deadline | Law |
|---|---|---|---|
| Discrimination or retaliation under FEHA, including CFRA and pregnancy leave | Civil Rights Department | 3 years; then 1 year to sue after the right-to-sue notice | Gov. Code 12960, 12965 |
| Federal discrimination or retaliation | EEOC | 300 days | 42 U.S.C. 2000e-5(e)(1) |
| Retaliation for a Labor Code complaint, including whistleblowing | Labor Commissioner (optional before suing) | 1 year to file with the Labor Commissioner | Lab. Code 98.7 |
| Workers' compensation retaliation | Workers' Compensation Appeals Board | 1 year from the firing | Lab. Code 132a |
| Violation of public policy (Tameny) | Superior Court | Generally 2 years | Code Civ. Proc. 335.1 |
| FMLA retaliation | Court | 2 years, or 3 if willful | 29 U.S.C. 2617(c) |
Frequently Asked Questions About Wrongful Termination in California
You may have been if the real reason for your firing was a protected characteristic, a complaint or report you made, protected leave, a workplace injury or safety complaint, or a broken promise of job security. California is at-will (Lab. Code 2922), so the question is not whether your employer gave a reason but whether the real reason was illegal.
It depends on the claim, your pay and how the firing affected you. Recovery can include back pay, front pay, emotional distress damages, punitive damages when the employer acted with malice, oppression or fraud, civil penalties of up to $10,000 per violation for whistleblower retaliation, and attorney's fees and costs.
Not before it is reviewed. Most severance agreements release every claim you have, often for less than the claims are worth. If you are 40 or older, federal law gives you at least 21 days to consider a release, or 45 days in a group layoff, and 7 days to revoke after signing (29 U.S.C. 626(f)). Many terms, including the amount, references and confidentiality, can be negotiated.
It depends on the reason for the firing. FEHA discrimination and retaliation complaints generally must be filed with the Civil Rights Department within 3 years, followed by a lawsuit within 1 year of the right-to-sue notice. A workers' compensation retaliation claim must be filed within 1 year, as must a retaliation complaint with the Labor Commissioner. A public policy (Tameny) lawsuit generally must be filed within 2 years. A federal EEOC charge is generally due within 300 days.
The first consultation is free and confidential. If we take your case, we explain the fee arrangement in writing before you hire us, and when you win under FEHA the court can order the employer to pay your attorney's fees and costs.
Immediately. California requires an employer to pay all final wages at the time of termination (Lab. Code 201). If the employer willfully fails to pay on time, it can owe up to 30 days of your wages as a waiting time penalty (Lab. Code 203).
Possibly. If your employer deliberately made working conditions so intolerable that a reasonable person would feel forced to resign, California courts can treat the resignation as a termination, called constructive discharge. Document what happened before you leave and talk to an attorney.
Yes. We represent fired employees throughout San Bernardino and Riverside Counties under California law, with free, confidential consultations in English or Spanish. Call (888) 785-9923.
Fired Unfairly? Talk to a California Wrongful Termination Lawyer.
Tell us what happened and get a straight answer about your options and deadlines. The consultation is free and confidential.
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Milan Chatterjee
UCLA Law Graduate. Former in-house counsel at Las Vegas Sands Corp. Nevada & California Bar. Founding President, South Asian Bar Assoc. of Las Vegas.