Wrongful Termination in California
Although California is an at-will employment state, employers cannot fire employees for reasons that violate public policy. The landmark case Tameny v. Atlantic Richfield Co. (1980) established that an employee fired in violation of a fundamental public policy may sue for wrongful termination in violation of public policy (also called a 'Tameny claim'). Common examples include firing an employee for refusing to commit an illegal act, reporting legal violations, exercising a statutory right, or performing a statutory obligation like jury duty.
Elements of the Claim
To succeed on this claim, you generally must establish each of the following:
- 1
Employment relationship
You were an employee (not an independent contractor) of the defendant employer.
- 2
Termination
Your employment was terminated, or you were constructively discharged (forced to resign due to intolerable conditions).
- 3
Public policy violation
The termination violated a fundamental public policy that is (1) delineated in a constitutional or statutory provision, (2) public in nature, (3) well-established at the time of discharge, and (4) substantial and fundamental.
- 4
Causation
The public-policy-violating reason was a substantial motivating factor in your termination.
- 5
Damages
You suffered harm (lost wages, emotional distress, etc.) as a result of the wrongful termination.
Filing Deadlines
Missing a deadline can bar your claim. Act promptly and consult an attorney if deadlines are approaching.
Wrongful termination tort
2 years
Code Civ. Proc. § 335.1
From the date of termination.
FEHA-based wrongful termination
3 years
Gov. Code § 12960
If the termination also involves FEHA-protected discrimination, file with CRD within 3 years.
Breach of implied contract
2 years (oral) / 4 years (written)
Code Civ. Proc. §§ 339, 337
If the claim is based on breach of an implied or express employment contract.
Frequently Asked Questions
Can I sue for wrongful termination if I am an at-will employee in California?
Yes. While California is an at-will state, the at-will doctrine has important exceptions. You cannot be fired for reasons that violate public policy — such as refusing to break the law, reporting illegal activity (whistleblowing), exercising a legal right (like filing a workers' comp claim), or based on discrimination against a protected class. If your termination falls into one of these categories, you may have a wrongful termination claim regardless of your at-will status.
What is a Tameny claim?
A Tameny claim — named after the California Supreme Court case Tameny v. Atlantic Richfield Co. (1980) — is a tort action for wrongful termination in violation of public policy. To succeed, you must show that your firing violated a public policy that is grounded in a statute or constitutional provision, benefits the public (not just you), and is well-established. Tameny claims allow recovery of compensatory damages, emotional distress damages, and potentially punitive damages.
What damages can I recover in a wrongful termination case?
Damages may include: lost wages and benefits (past and future), emotional distress damages, punitive damages if the employer's conduct was malicious or oppressive, attorney's fees in certain statutory claims, and in some cases reinstatement. The specific damages available depend on the legal theory — tort claims (Tameny) allow broader damages including punitive damages, while contract claims are generally limited to economic losses.
How long do I have to file a wrongful termination lawsuit in California?
The statute of limitations depends on the legal theory. For a wrongful termination tort (Tameny claim), you have 2 years from the date of termination under Code of Civil Procedure § 335.1. If the claim involves FEHA discrimination, you must file with the Civil Rights Department within 3 years, then have 1 year after receiving a right-to-sue notice. Breach of contract claims have 2-year (oral) or 4-year (written) deadlines. Act promptly — missing a deadline bars your claim.
What is constructive discharge and does it count as wrongful termination?
Constructive discharge occurs when your employer makes your working conditions so intolerable that a reasonable person in your position would feel compelled to resign. Under California law, constructive discharge is treated the same as an actual firing for wrongful termination purposes. You must show the employer either intentionally created intolerable conditions or knowingly permitted them. Examples include severe harassment, demotion to humiliating duties, or a drastic pay cut in retaliation for protected activity.
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