Wrongful Termination Attorneys

Even in at-will employment states, your firing is illegal if it violates a specific law or public policy. In California, wrongful termination claims arise under FEHA (Gov. Code Section 12940) for discrimination-based firings, Labor Code Section 1102.5 for whistleblower retaliation, and common-law wrongful termination in violation of public policy. In New York, protections come from the New York State Human Rights Law (NYSHRL), New York City Human Rights Law (NYCHRL), and federal laws like Title VII and the ADA. A termination is wrongful when the employer's true motive was discriminatory, retaliatory, or otherwise illegal — regardless of the reason stated on paper.

Deadlines vary by jurisdiction and legal theory. In California, you must file a complaint with the Civil Rights Department (CRD, formerly DFEH) within three years of the termination for FEHA claims, or you can request an immediate right-to-sue notice and file in court within one year. For Labor Code violations, the statute of limitations is generally three years. In New York, NYSHRL claims must be filed within three years, and NYCHRL claims within three years as well. Federal EEOC charges must be filed within 300 days in both states. Missing these windows can bar your claim entirely, so prompt action is critical.

Absolutely. At-will employment means your employer can fire you for any lawful reason, but not for an illegal reason. California and New York both recognize numerous exceptions: you cannot be fired because of your race, gender, age, disability, religion, or other protected characteristic; you cannot be fired for exercising legal rights like taking medical leave or filing a wage complaint; and in California, implied contract exceptions may apply if your employer made promises of job security. The at-will doctrine is a starting point, not a shield for illegal conduct.

Remedies typically include back pay (lost wages from the date of termination to the date of judgment), front pay (future lost earnings if reinstatement is not feasible), emotional distress damages, and attorney's fees. In California, FEHA allows for uncapped compensatory damages including emotional distress, and punitive damages when the employer acted with malice or oppression. Under the NYCHRL, which is one of the most employee-friendly laws in the country, you may also recover uncapped compensatory and punitive damages plus attorney's fees. In particularly egregious cases, courts may award reinstatement to your former position.

Start collecting and preserving documentation immediately. Save your termination letter, any performance reviews (especially positive ones), emails or texts from supervisors referencing the real reason for your firing, any complaints you made about discrimination or illegal activity, and communications with HR. Take screenshots of relevant workplace chat messages before you lose access. Keep a written timeline of events leading to your termination. If colleagues witnessed discriminatory remarks or retaliatory behavior, note their names and what they observed. In California and New York, your personnel file is available upon request — obtain a copy before records are altered. This evidence can be the difference between a strong case and an unprovable claim.