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Wrongful Termination Lawyer in Glendale, California

Wrongful Termination Lawyer

What Makes a Termination Wrongful Under California Law?

California’s Fair Employment and Housing Act (FEHA) prohibits employers with five or more employees from firing workers because of protected characteristics such as race, age, disability, or pregnancy, and separately bars retaliation against employees who file complaints with the California Civil Rights Department (CRD). Labor Code section 1102.5 extends whistleblower protection to employees at companies of any size who report suspected legal violations. If you were fired in Glendale and any of these circumstances fit your situation, you likely have a legal claim. Under Government Code section 12960, you generally have three years from the date of the firing to file a complaint with the CRD, and you must obtain a Right-to-Sue notice before you can take the case to court.

Terminations That Violate FEHA

FEHA makes it unlawful for a covered employer to fire an employee because of any of the following protected characteristics:

  • Identity: Race, color, national origin, ancestry, religion, sex, sexual orientation, gender identity or expression
  • Health and disability: Disability (physical or mental), medical condition, genetic information
  • Age: Age 40 or older
  • Family and personal status: Pregnancy, childbirth or related medical conditions, marital status
  • Service: Military or veteran status

FEHA covers both direct termination and constructive dismissal, which is the situation where an employer makes working conditions so intolerable that a reasonable employee is left with no real choice but to resign. If your employer created unbearable conditions tied to one of the characteristics above until you quit, that resignation can still be treated as a wrongful termination under California law.

The five-employee threshold matters for Glendale residents working in the city’s many small restaurants, nail salons, retail shops, and medical offices. If your employer had four or fewer employees at the time of your firing, FEHA’s anti-discrimination and termination protections do not apply. That said, you are not necessarily without options, as explained below.

If you want a broader overview of California wrongful termination law before reading further, this guide to wrongful termination in California provides useful background context.

Terminations That Violate California’s Whistleblower Statute (Labor Code Section 1102.5)

Labor Code section 1102.5 contains three distinct prohibitions that many employees and even some employers do not realize exist separately from FEHA:

  • Section 1102.5(b): Reporting a violation. An employer cannot fire you for disclosing information to a government agency, a law enforcement agency, or even to your own manager or supervisor, if you reasonably believe that information shows a violation of a state or federal statute, or a local, state, or federal rule or regulation. The protection applies even if the employer merely believes you might make such a disclosure.
  • Section 1102.5(c): Refusing to do something illegal. An employer cannot fire you for refusing to participate in an activity that would violate a state or federal statute or a local, state, or federal rule or regulation.
  • Section 1102.5(d): Past whistleblowing at a former job. A new employer cannot fire you because you exercised whistleblower rights at a prior employer. The protection follows you from one job to the next.

Unlike FEHA’s five-employee threshold, Labor Code section 1102.5 contains no employee-count floor in its text. A worker at a two-person company who reports wage theft to the Labor Commissioner is protected from retaliation under section 1102.5, even though that same worker would fall outside FEHA’s anti-termination coverage.

Does FEHA Apply to Your Employer in Glendale?

The answer depends on what type of claim you are bringing and how many people your employer employs. The table below summarizes the coverage thresholds confirmed by the CRD:

Your situation

Employer size required

Which law applies

 

Fired because of race, age, disability, or another protected characteristic

5 or more employees

FEHA (per CRD)

Subjected to harassment based on a protected characteristic

All employers, no minimum

FEHA (harassment provisions)

Fired for reporting a legal violation or refusing to break the law

No minimum stated in the statute

Labor Code § 1102.5

Fired by a new employer because of whistleblowing at a prior job

No minimum stated in the statute

Labor Code § 1102.5(d)

If you work at a small Glendale business with fewer than five employees and you were fired because of harassment or because you reported a suspected legal violation, you still have meaningful legal protections. An employment discrimination attorney in Glendale can help you identify which statutes apply to your specific employer and situation.

Retaliation as Wrongful Termination: Two Separate Shields

Many Glendale employees who were fired after taking a protected action, filing a complaint, reporting a problem, or taking medical leave, have not one but two independent legal theories available to them. Understanding both matters because they carry different procedural requirements and different remedies.

Retaliation for Filing a Complaint with the Civil Rights Department

Under FEHA, firing an employee for filing a complaint with the CRD is independently illegal, separate from whatever the original complaint was about. This creates a layered claim: if a Glendale employee filed a harassment complaint with the CRD and was then fired two months later, she may have both an underlying harassment claim and a separate retaliation claim.

The timing trap here is important. Retaliation often occurs weeks or months after the protected act, which means the three-year window under Government Code section 12960 runs from the date of the retaliatory firing, not from the date of the original complaint. Employees sometimes mistakenly believe the clock started when they first filed, and underestimate how much time they have on the retaliation theory specifically.

A worked example: An employee at a 12-person Glendale medical office files a CRD complaint about national-origin discrimination in January. Her employer does not fire her immediately. In April, she is let go, ostensibly for “performance issues.” The April firing is the triggering event for her retaliation claim under FEHA, and she has three years from April to file a new CRD complaint asserting that retaliation.

Retaliation Under Labor Code Section 1102.5 and the $10,000 Per-Violation Penalty

Section 1102.5 carries its own civil penalty that operates on top of any other damages a court might award. Under Labor Code section 1102.5(f)(1), an employer who retaliates in violation of the section is liable for a civil penalty not exceeding $10,000 per employee for each violation, awarded directly to the employee who was retaliated against. The statute expressly states this penalty is “in addition to other available remedies,” meaning it stacks on top of, rather than replacing, lost-wage recovery and other relief.

A common employer defense in section 1102.5 cases is that the termination was for legitimate performance or business reasons unrelated to the employee’s report. Experienced counsel will focus early on gathering documentation showing the timing between the protected disclosure and the firing, and any inconsistencies in the employer’s stated reason.

Questions about whether your firing might qualify as retaliation are also addressed on our Glendale wrongful termination page.

The Steps You Must Take Before Suing: The CRD Process Explained

This is the procedural step where employees most commonly make a fatal mistake. You cannot file a FEHA wrongful termination lawsuit in California court without first going through the CRD. Skipping this step means the court has no jurisdiction to hear your case.

Filing with the California Civil Rights Department

The CRD accepts complaints online, by email, by mail, by phone, or in person. Once you file, you have two options:

  • Request an immediate Right-to-Sue notice. Under CRD’s Right-to-Sue instructions, you may forgo the department’s investigation and request this notice immediately, after which you have one year from the date of that notice to file a civil lawsuit. Once issued, the CRD will not investigate the complaint.
  • Allow the CRD to investigate. If the CRD investigates and does not resolve the matter, it will issue a Right-to-Sue notice. Under Government Code sections 12965(c)(1)(A) and 12965(c)(1)(D), you then have one year from the date of that notice to file suit.

The Deadlines You Must Track

The timeline involves two separate clocks, and missing either one can end your case before it starts:

Deadline

What triggers it

What happens if you miss it

 

3 years to file CRD complaint (Gov. Code § 12960)

Date of the unlawful act (typically the termination date)

CRD complaint is barred; FEHA lawsuit cannot proceed

1 year to file civil lawsuit (Gov. Code § 12965)

Date the CRD issues the Right-to-Sue notice

Court loses jurisdiction; lawsuit is time-barred

Three years sounds generous, but evidence degrades quickly. Emails get deleted, witnesses change jobs or move, and memory of specific conversations fades. Starting the CRD process early preserves your options. It does not obligate you to sue.

What to Gather Before You File: A Practical Checklist

Before contacting the CRD or an attorney, collect and preserve the following:

  • Any written notice of termination, performance improvement plans, or disciplinary records
  • Emails, texts, or messages that show the employer’s stated reason for firing you, or that contradict that reason
  • Documentation of any complaint you filed (CRD complaint number, internal HR complaint records, emails reporting a problem to a supervisor)
  • Records of any protected leave taken, including medical leave paperwork or doctor’s notes
  • Names and contact information for coworkers who witnessed relevant events
  • Pay stubs and records showing your compensation at the time of termination
  • Any company handbook, offer letter, or written policies that described the termination process
  • A personal written timeline of events in chronological order, created as soon as possible while details are fresh

Many employees are unsure whether California law even required a written warning before they could be fired. Our article on whether you can be fired without a written warning addresses that specific question in detail.

What This Means If You Were Just Fired in Glendale

If your termination correlated with a complaint you filed, a disclosure you made, a protected characteristic, or a medical leave, the circumstances described in this article may apply to you right now. The most important immediate action is to preserve your documentation before accounts are deactivated, emails are lost, or your memory of specific conversations fades. The three-year window under Government Code section 12960 gives you time, but the practical ability to prove your case erodes quickly. If you are considering requesting an immediate Right-to-Sue notice, understand that once the CRD issues it, the agency will not investigate your complaint, and you will have one year to file suit. Consulting with a wrongful termination lawyer before choosing that option protects you from making an uninformed procedural decision. Glendale’s diverse workforce and high concentration of small businesses make employer-size questions especially common here; do not assume you lack protection simply because your employer is small.

Frequently Asked Questions

My employer said I was fired for “performance.” Can I still have a wrongful termination claim?

Yes. A stated reason for termination does not prevent a claim. Courts and the CRD examine whether the stated reason is consistent with the employer’s actual conduct, the timing of the firing relative to any protected activity, and whether similarly situated employees were treated differently. A performance justification that appears shortly after you filed a complaint or disclosed a legal violation is a recognized pattern in retaliation cases.

My company has only three employees. Do I have any rights?

You have fewer protections under FEHA, which requires five or more employees for its anti-termination provisions. However, FEHA’s harassment provisions apply to all employers regardless of size. Labor Code section 1102.5’s whistleblower protections also contain no employee-count minimum in the statute’s text. If you reported a suspected legal violation and were fired, you may have a section 1102.5 claim regardless of company size.

What is the Right-to-Sue notice and do I need one?

For FEHA claims, yes. You cannot file a lawsuit in court without first obtaining a Right-to-Sue notice from the CRD. You can request it immediately when you file your CRD complaint, bypassing the agency’s investigation. Once issued, you have one year from the notice date to file suit under Government Code sections 12965(c)(1)(A) and 12965(c)(1)(D). An attorney can advise you on whether to request it immediately or allow the CRD to investigate first.

Can I be fired for reporting a problem to my own manager rather than to a government agency?

Under Labor Code section 1102.5(b), the answer is yes, that conduct is protected. The statute covers disclosures made to a government or law enforcement agency and also to “a person with authority over the employee,” which includes supervisors and managers within your company. Internal reports of suspected legal violations are covered.

I quit because conditions were unbearable. Can I still bring a wrongful termination claim?

Constructive dismissal, quitting because the employer made conditions so intolerable that a reasonable person would feel compelled to resign, can qualify as wrongful termination under California law if the intolerable conditions were tied to a protected characteristic or protected activity. The analysis turns on whether a reasonable employee in your position would have felt they had no realistic choice but to leave.

Disclaimer: This article is general legal information only and does not constitute legal advice. Reading this article does not create an attorney-client relationship between you and Setareh Law Group or any of its attorneys. Employment law is fact-specific, and the application of any statute to your situation depends on circumstances this article cannot evaluate. You should consult a licensed California employment attorney about your particular case.

If you were fired in Glendale and believe the circumstances described in this article apply to you, contact Setareh Law Group’s Glendale employment law team to discuss your situation. Consultations are confidential and there is no obligation to proceed.

Contact us today:

📞 Phone: 310-888-7771

✉️ Email: help@setarehlaw.com

🌐 Address: 420 N Camden Dr, Beverly Hills CA, 90210

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