Beverly Hills Wrongful Termination Lawyer
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California Is an At-Will State, But Four Exceptions Can Make Your Firing Unlawful
California presumes employment is at-will under Labor Code § 2922, meaning either side can end the relationship at any time. But that presumption is overridden in at least four situations: a state statute prohibits the firing (including FEHA’s ban on discrimination by employers with 5 or more employees, and the whistleblower protections of Labor Code § 1102.5); an express or implied contract removed at-will status; a public-policy violation makes the firing unlawful regardless of contract; or the employer acted in bad faith to strip you of earned benefits.
If any of these apply, you may have a wrongful termination claim, with no cap on back pay, emotional distress damages, or punitive damages, and with mandatory attorney’s fees for the prevailing employee under Government Code § 12965(b).
The At-Will Presumption Under Labor Code § 2922
The statute reads: “An employment, having no specified term, may be terminated at the will of either party on notice to the other.” A “specified term” means a period greater than one month. Most California workers have no written employment contract covering a defined period, which places them in the at-will category by default. That default, however, does not mean every termination is legal.
The Four Exceptions That Override At-Will Status
- Statutory exception: A specific law, such as FEHA or Labor Code § 1102.5, prohibits the termination outright.
- Contractual exception: An offer letter, employee handbook, or verbal promise created an expectation that you could only be fired for cause.
- Public-policy (Tameny) exception: Your employer fired you for refusing to break the law, performing a legal obligation, or exercising a legal right.
- Good-faith and fair-dealing exception: The termination was motivated by bad faith, typically to deprive you of compensation you had already earned.
For a broader overview of how these theories work together, see our quick guide to wrongful termination in California.
Discrimination and Harassment: FEHA Protections Under Government Code § 12940
Which Employers and Employees Does FEHA Cover?
FEHA applies to any employer with five or more employees. Beverly Hills employers in hospitality, retail, entertainment production support, personal services, and professional services almost uniformly meet that threshold. Once they do, terminating an employee because of any of the following characteristics is a civil rights violation:
- Race or color
- National origin or ancestry
- Sex or gender identity
- Sexual orientation
- Religion
- Age (40 and over)
- Physical or mental disability
- Medical condition
- Pregnancy, childbirth, or related conditions
- Genetic information
What a FEHA-Based Wrongful Termination Claim Looks Like in Practice
Consider this illustrative example: a 52-year-old hotel concierge in Beverly Hills has worked for his employer for nine years. After new management arrives, he is passed over for training programs, given negative performance reviews that were never raised before, and then terminated with a vague explanation about “restructuring.” Within two months, his position is filled by a 29-year-old. That pattern, older worker receiving pretextual criticism followed by replacement with a substantially younger person, is the factual core of an age-discrimination claim under FEHA.
A frequent employer defense is that the position was eliminated as part of a legitimate business reorganization. Under FEHA, the burden shifts to the employer to articulate a legitimate, nondiscriminatory reason for the termination, and then to the employee to show that reason is pretextual. Evidence showing the employer hired a replacement, treated younger or other-group employees differently, or deviated from its normal termination procedures can all support a pretext argument.
Our Beverly Hills wrongful termination attorney page explains how we approach FEHA claims from the first consultation.
Whistleblower Retaliation: Labor Code §§ 1102.5 and 98.6
What Counts as a “Protected Report” Under § 1102.5?
Labor Code § 1102.5 is California’s principal whistleblower statute. It prohibits an employer from retaliating against an employee for disclosing information the employee reasonably believes reveals a violation of a federal or state statute, or a violation of a local, state, or federal rule or regulation. Critically, the report does not have to go to a government agency. Reporting to a supervisor or manager inside the company is also protected. Common protected reports include:
- Reporting wage theft or unpaid overtime to HR or a manager
- Reporting workplace safety violations to a supervisor or Cal/OSHA
- Disclosing financial fraud or consumer protection violations
- Reporting harassment or discrimination internally before any formal complaint
In addition to all other damages, SB 497 added a civil penalty of up to $10,000 per violation under § 1102.5. That penalty stacks on top of lost wages and emotional distress recovery.
Retaliation for Wage Complaints Under Labor Code § 98.6
Labor Code § 98.6 creates a separate protection for employees who file a wage claim with the Labor Commissioner or who simply complain to their employer about unpaid wages. Terminating, suspending, or otherwise discriminating against an employee because of that complaint is itself a statutory violation, separate from any underlying wage claim.
Wage-complaint retaliation is common in Beverly Hills industries where tipping, service charges, commission structures, and overtime are frequently miscalculated. If you were fired within weeks of raising a pay concern, the timing alone is worth discussing with a wrongful termination lawyer.
Implied Contracts, Public Policy, and Constructive Discharge
Express and Implied Employment Contracts
Not every contract is a signed document. An offer letter stating you will be employed “as long as performance is satisfactory,” an employee handbook describing a progressive discipline process, or a manager’s repeated assurances that the company “only fires for cause” can all create an implied contract removing at-will status. If an employer then fires you without following that process, you may have a breach-of-contract wrongful termination claim regardless of whether any statute was violated. Many workers do not realize this protection exists. You can also learn more about whether your employer was even required to give advance warning by reviewing our article on whether you can be fired without a written warning.
The Public-Policy (Tameny) Exception
The Tameny doctrine, developed in California case law, prohibits terminating an employee for a reason that violates a fundamental public policy expressed in a constitutional provision or statute. Examples include firing an employee for: serving on jury duty, filing a workers’ compensation claim, taking protected family or medical leave, or refusing to commit fraud on customers. A claim under this theory does not require the employer to have 5 or more employees, unlike FEHA, making it potentially available to workers at very small businesses. If a workplace injury was involved in your situation, the related question of workers’ compensation rights may also be relevant; see our Beverly Hills workers’ compensation lawyer page for how those claims work alongside wrongful termination.
Constructive Discharge: When Quitting Is Still Wrongful Termination
If your employer made your working conditions so intolerable that a reasonable person in your position would have felt compelled to resign, California law treats that resignation as a termination. Common patterns include demotion to a degrading role after a discrimination complaint, assignment to physically dangerous tasks after an injury, or systematic exclusion and harassment following a protected report. A constructive discharge claim carries the same legal remedies as an actual termination.
Deadlines Every Beverly Hills Worker Must Know Before Calling a Wrongful Termination Lawyer
Missing a filing deadline can forfeit your claim entirely, regardless of how strong it is on the merits. The deadlines differ depending on which legal theory applies and which agency you file with first.
Claim Type | Filing Route | Deadline
|
|---|---|---|
FEHA (discrimination, harassment, retaliation) | CRD intake form | 3 years from date of harm |
FEHA lawsuit in Superior Court | File after Right-to-Sue notice from CRD | 1 year from notice date |
Whistleblower retaliation (Labor Commissioner route) | Labor Code § 98.7 was amended by AB 1947 (effective Jan 1, 2021) to extend the Labor Commissioner retaliation filing | Deadline from Six months to ONE YEAR after the violation. |
CRD case-closure appeal | Appeal Request Form to CRD | 10 calendar days from Notice of Case Closure |
Unfiled CRD complaint (incomplete information) | California Civil Rights System (CCRS) | 30 days to complete before the complaint expires in the system |
The three-year CRD window is longer than many workers expect, but the six-month Labor Commissioner deadline under § 1102.5 moves quickly, particularly if your employer handed you a severance agreement and asked you to sign within days of termination. Signing a release without legal review can waive claims you did not know you had.
What You Can Actually Recover
Under FEHA (Government Code § 12965), a prevailing wrongful termination plaintiff may recover:
- Back pay: All lost wages, salary, bonuses, commissions, and benefits from the termination date through the date of judgment, with no statutory cap
- Front pay: Future lost earnings if reinstatement is not practical, also uncapped
- Emotional distress damages: Compensation for psychological harm, sleeplessness, anxiety, and related suffering, uncapped
- Punitive damages: Available where the employer’s conduct constitutes oppression, fraud, or malice, uncapped
- Mandatory attorney’s fees and costs: The employer pays if you prevail, under Government Code § 12965(b)
- Civil penalty up to $10,000 per violation under § 1102.5, stacked on top of other damages in whistleblower cases
What This Means If You Were Just Fired in Beverly Hills
The most important thing to do right now is preserve everything: texts, emails, performance reviews, offer letters, and any record of complaints you made before the termination. Do not sign any severance agreement under deadline pressure before speaking with a wrongful termination lawyer, because signing likely releases all the claims described in this article.
The six-month window for a § 1102.5 Labor Commissioner complaint is the shortest clock running against you, so if your firing followed any internal report or complaint, treat that deadline as urgent. Beverly Hills employers frequently cite “restructuring” or “performance” as the reason for termination; a pretextual explanation is not the same as a lawful one, and the pattern of how similarly situated employees were treated often reveals the real reason.
If you were not formally fired but conditions became unbearable and you felt forced to quit, that may still be a compensable constructive discharge claim.
Frequently Asked Questions
Does California’s at-will rule mean I have no rights after being fired?
No. Labor Code § 2922 creates a default presumption, not an absolute rule. Statutory protections, implied contracts, public-policy limits, and the good-faith exception all override it in specific circumstances. Your rights depend on the facts of your particular situation, not the at-will label alone.
I was never told why I was fired. Does that help my case?
A missing or vague explanation does not automatically create a claim, but it is relevant. Courts allow plaintiffs to use circumstantial evidence, including suspicious timing, inconsistent explanations, and comparator evidence, to establish that the stated reason was pretextual. Document what you were told and when.
What if I resigned instead of being formally terminated?
If your employer made conditions deliberately intolerable to force you out, California law can treat the resignation as a constructive discharge, entitling you to the same remedies as an actual termination. The standard is whether a reasonable person in your circumstances would have felt compelled to resign.
I work for a small business with fewer than five employees. Do I have any protection?
FEHA’s discrimination protections require at least five employees. However, the Tameny public-policy exception and Labor Code § 1102.5 whistleblower protections are not limited to employers of a minimum size. Whether one of those theories fits your facts is something a wrongful termination lawyer can assess.
Can I pursue a wrongful termination claim if I signed an arbitration agreement?
Possibly. California has significant restrictions on mandatory arbitration agreements in employment, and some waivers are unenforceable as a matter of public policy. The existence of an arbitration clause changes the forum for your claim but does not necessarily eliminate the claim itself.
If you believe your termination may have been unlawful, Setareh Law Group is available to review your situation. Contact us to speak with a California employment attorney about your rights and the deadlines that may apply to your case.
Contact us today:
📞 Phone: 310-888-7771
✉️ Email: help@setarehlaw.com
🌐 Address: 420 N Camden Dr, Beverly Hills CA, 90210
Disclaimer: This information is provided for educational purposes and does not constitute legal advice. Each case is unique, and outcomes depend on specific facts and circumstances. Consult with a qualified California employment attorney to discuss your individual situation.
Sources and Additional Resources
Authoritative sources cited
- Labor Code § 2922
- FEHA’s ban on discrimination
- Labor Code § 1102.5
- Government Code § 12965(b)
- Labor Code § 98.6
Related Setareh Law Group resources
- Quick Guide to Wrongful Termination in California
- Beverly Hills Wrongful Termination Attorney Page
- Whether you Can Be Fired Without a Written Warning
- Beverly Hills Workers’ Compensation Lawyer Page
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