Wrongful Termination in California
California is generally an at-will state, but some firings are illegal. Here are the exceptions, retaliation protections and where to file.
Short answer: Strong protection. California Labor Code § 1102.5 protects private and public employees who report, to a government or law enforcement agency, a supervisor, or another employee with authority to investigate, a reasonable belief that the employer is violating a law, rule or regulation, or… Cal. Labor Code §§ 1102.5, 1102.8; California Labor Commissioner, Whistleblowers Are Protected notice and Retaliation FAQ
| Whistleblower and retaliation protection | Strong protection. California Labor Code § 1102.5 protects private and public employees who report, to a government or law enforcement agency, a supervisor, or another employee with authority to investigate, a reasonable belief that the employer is violating a law, rule or regulation, or who testify before a public body, or who refuse to take part in an illegal activity. Retaliation complaints for most Labor Code protections can be filed with the Labor Commissioner, generally within one year. Retaliation complaint time limits: https://www.dir.ca.gov/dlse/faq_retaliation.htm |
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| Job discrimination complaints | California Civil Rights Department (CRD). The anti-discrimination law covers employers with 5 or more employees; harassment is prohibited at all workplaces, even those with fewer than 5. A complaint must be filed within three years of the discriminatory act, starting with an intake form in the online California Civil Rights System (CCRS). |
Where to get help in California
- California Labor Commissioner's Office (Division of Labor Standards Enforcement), Department of Industrial Relations
- File a complaint or claim
More California employment law
- Minimum Wage in California
- Final Paycheck Laws in California
- Meal and Rest Break Laws in California
- Paid Sick Leave in California
- Non-Compete Agreements in California
- All California employment law rules
FAQ
Is it illegal to fire someone for reporting a violation in California?
Strong protection. California Labor Code § 1102.5 protects private and public employees who report, to a government or law enforcement agency, a supervisor, or another employee with authority to investigate, a reasonable belief that the employer is violating a law, rule or regulation, or who testify before a public body, or who refuse to take part in an illegal activity. Retaliation complaints for most Labor Code protections can be filed with the Labor Commissioner, generally within one year.
Where do I file a job discrimination complaint in California?
California Civil Rights Department (CRD). The anti-discrimination law covers employers with 5 or more employees; harassment is prohibited at all workplaces, even those with fewer than 5. A complaint must be filed within three years of the discriminatory act, starting with an intake form in the online California Civil Rights System (CCRS).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.