Wrongful Termination in California
Reviewed by DocDraft Legal Team - California - Last updated November 11, 2026
Wrongful termination in California means a firing that breaks a law, an employment contract or public policy, because employment without a set term is generally at-will. Discrimination and retaliation claims under the Fair Employment and Housing Act (FEHA) go to the California Civil Rights Department (CRD), which accepts complaints for up to three years after the unlawful practice from employees of employers that regularly employ five or more people. CRD issues a right-to-sue notice on request or when its investigation ends, and a FEHA lawsuit must be filed within one year from the date of that notice. Final wages are due immediately when you are fired.
Find out where you stand in California
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What counts as wrongful termination in California?
California employment with no specified term is generally at-will: either party can end it on notice to the other. A firing is wrongful when it breaks a law, such as the FEHA bans on discrimination and retaliation, or an employment contract. The California Supreme Court also allows a tort claim when a discharge contravenes the dictates of public policy.
Where do you file a discrimination charge in California, and by when?
File a complaint with the California Civil Rights Department within three years of the unlawful practice if your employer regularly employs five or more people. You can also file a charge with the EEOC, whose California offices give 300 days from the date of harm for employers with 15 or more employees, or 20 or more for age discrimination.
How long do you have to sue after a California CRD complaint?
CRD issues a right-to-sue notice when you request one or when its investigation is complete. You then have one year from the date of that notice to file a FEHA civil action in court. A retaliation complaint to the Labor Commissioner has its own deadline: within one year after the violation, which can be extended for good cause.
When is your final paycheck due after being fired in California?
Immediately. When an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable right away. If the employer willfully fails to pay, the wages continue as a penalty at the same rate until paid or until a lawsuit is filed, for no more than 30 days.
California wrongful termination rules
California's discrimination deadline is measured in years, not days. The California Civil Rights Department takes FEHA complaints for up to three years after the unlawful practice (Gov. Code 12960(e)(5)), and FEHA's employment rules reach employers that regularly employ five or more people (Gov. Code 12926(d)). The second deadline is shorter: after CRD issues a right-to-sue notice, a FEHA lawsuit must be filed within one year from the date of that notice (Gov. Code 12965(c)(1)). Outside FEHA, the California Supreme Court allows a tort claim when a discharge contravenes public policy, and Labor Code 1102.5 bars an employer from retaliating against an employee for disclosing information in the situations that section covers. A Labor Commissioner retaliation complaint is due within one year after the violation (Labor Code 98.7(a)). Unpaid final wages are a separate issue: they are due immediately at discharge (Labor Code 201(a)), and a final paycheck demand letter puts the request in writing.
Relevant Laws
Gov. Code 12960 (CRD complaint deadline)
A FEHA employment complaint (employers regularly employing five or more persons) must be filed within three years from the date the unlawful practice occurred.
Gov. Code 12965 (right-to-sue notice and lawsuit)
CRD issues a right-to-sue notice on request or on completing its investigation; a civil action must be brought within one year from the date of that notice.
Labor Code 1102.5 (whistleblower retaliation)
Bars an employer, or a person acting on its behalf, from retaliating against an employee for disclosing information in the situations the section covers.
Labor Code 201 and 203 (final wages)
Wages earned and unpaid at discharge are due immediately; on a willful failure to pay, wages continue as a penalty for up to 30 days.
Regional Variances
California wrongful termination rules
At-will status
Employment without a specified term is generally at-will in California.
Recognized exceptions
Statutory protections (FEHA, Labor Code 1102.5 and 98.6), contract claims including implied agreements to fire only for good cause, and a tort claim when a discharge contravenes public policy.
State agency and law
California Civil Rights Department; Fair Employment and Housing Act, Gov. Code 12900 and following.
Agency filing deadline
Within three years from the date of the unlawful practice (Gov. Code 12960(e)(5)).
EEOC charge deadline
300 days from the date of harm (EEOC Los Angeles and San Francisco offices), for employers with 15 or more employees, or 20 or more for age.
Employer size covered
FEHA employment rules: employers regularly employing five or more persons (Gov. Code 12926(d)).
Whistleblower and retaliation law
Labor Code 1102.5 and 98.6; Labor Commissioner complaint within one year after the violation, extendable for good cause (Labor Code 98.7(a)).
Deadline to sue
FEHA civil action within one year from the date of the CRD right-to-sue notice (Gov. Code 12965(c)(1)).
Final paycheck
Due immediately at discharge (Labor Code 201(a)); willful nonpayment adds up to 30 days of wages as a penalty (Labor Code 203(a)).
Suggested Compliance Checklist
Request your final pay in writing
If not paid at discharge days after startingWages earned and unpaid are due immediately under Labor Code 201(a). If they were not paid, send a written request for the exact amount owed.
Save records and write a timeline
Within days of the firing days after startingKeep the termination notice, messages, pay stubs and a dated timeline, with witness names.
File a CRD complaint
Within 3 years of the unlawful practice (employers of 5+) days after startingFile a FEHA complaint with the California Civil Rights Department against an employer regularly employing five or more persons; an EEOC charge (employers with 15 or more employees, 20 or more for age) is due within 300 days of the date of harm.
Sue within a year of the right-to-sue notice
1 year from the notice date days after startingAfter CRD issues a right-to-sue notice, a FEHA civil action must be filed within one year from the date of that notice.
Send a demand letter or review a settlement
Before signing any release days after startingA demand letter sets out your claim and what you want. Review any settlement agreement before signing; attorney review is available.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Request your final pay in writing | Wages earned and unpaid are due immediately under Labor Code 201(a). If they were not paid, send a written request for the exact amount owed. | final-paycheck-demand-letter | If not paid at discharge |
| Save records and write a timeline | Keep the termination notice, messages, pay stubs and a dated timeline, with witness names. | - | Within days of the firing |
| File a CRD complaint | File a FEHA complaint with the California Civil Rights Department against an employer regularly employing five or more persons; an EEOC charge (employers with 15 or more employees, 20 or more for age) is due within 300 days of the date of harm. | - | Within 3 years of the unlawful practice (employers of 5+) |
| Sue within a year of the right-to-sue notice | After CRD issues a right-to-sue notice, a FEHA civil action must be filed within one year from the date of that notice. | - | 1 year from the notice date |
| Send a demand letter or review a settlement | A demand letter sets out your claim and what you want. Review any settlement agreement before signing; attorney review is available. | demand-letter | Before signing any release |
Frequently Asked Questions
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