Overview
California is an at-will employment state under Labor Code section 2922, but at-will
employment does not give employers the right to terminate employees for unlawful reasons.
Terminations that violate the California Fair Employment and Housing Act, that retaliate against
protected activity, that contravene a fundamental public policy, or that breach an express or
implied contract are actionable.
The firm represents employees who have been terminated, constructively discharged, demoted,
or otherwise adversely affected by employment decisions that violate California law. Our goal is
to recover lost wages, emotional distress damages, and, where authorized by statute, attorney
fees and punitive damages.
Who We Represent
The firm represents line employees, supervisors, managers, and professionals across industries,
including healthcare, construction, technology, hospitality, retail, and public sector employment.
We accept matters involving discrimination on the basis of age, race, sex, gender identity, sexual
orientation, disability, pregnancy, religion, national origin, and other protected classifications
under Government Code section 12940.
We also represent employees terminated in retaliation for whistleblowing under Labor Code
section 1102.5, for filing or participating in a claim for workers compensation under Labor Code
section 132a, for reporting wage and hour violations, and for refusing to perform acts that
would violate law.
Services We Provide
Representation begins with a careful evaluation of the termination, including review of the offer
letter, handbook, performance reviews, separation documents, and any severance offer. Where
warranted, the firm issues a litigation hold, pursues an administrative charge with the California
Civil Rights Department, obtains a right-to-sue notice, and files suit.
Services include pre-suit negotiation, administrative filings, complaint drafting, aggressive
discovery, mediation, and trial. The firm also reviews and negotiates severance agreements and
evaluates noncompetition and non-solicitation language in light of Business and Professions
Code section 16600.
Our Approach
Termination is often the most disruptive professional event a person will experience. The firm
approaches every intake with the recognition that clients are frequently dealing with loss of
income, loss of health coverage, and loss of professional identity simultaneously. We move
quickly to preserve evidence, preserve claims, and develop a strategy that fits the client's
financial and personal circumstances.
We handle most employment matters on a contingency or hybrid basis, meaning that clients are
not required to fund litigation on an hourly basis to obtain aggressive representation.
Frequently Asked Questions
How long do I have to file a wrongful termination claim in California?
Most FEHA claims require an administrative charge filed with the California Civil Rights
Department within three years of the last act of discrimination or retaliation under Government
Code section 12960, followed by a one-year period to file suit after the right-to-sue notice is
issued. Other claims have different limitations periods; prompt consultation is critical.
What damages can I recover?
Recoverable damages may include past and future lost wages, lost benefits, emotional distress
damages, and, under FEHA and several other statutes, attorney fees. Punitive damages are
available where the employer's conduct is proven by clear and convincing evidence to be
malicious, oppressive, or fraudulent under Civil Code section 3294.
Do I need to accept the severance my employer offered?
No. Severance is negotiable. Before signing any severance or release, have it reviewed by
counsel. Releases typically extinguish all claims against the employer and frequently contain
restrictive covenants and non-disparagement provisions.
Is my consultation confidential?
Yes. All consultations are confidential and protected by the attorney-client privilege, whether or
not the firm is ultimately retained.
If you believe you were terminated in violation of California law, contact The Law Offices of Robert Warwick for a confidential case evaluation. Evidence and deadlines are time-sensitive;
early action preserves the full value of your claim.