If your employer wrongfully fired you or you’ve faced an unfair dismissal, you are in the right place. Setyan Law represents employees in wrongful termination cases throughout California.
Wrongful termination occurs when an employer fires an employee for an illegal reason, even if the employee is at-will. California law protects employees from being fired because of discrimination, retaliation, protected leave, whistleblowing, or other unlawful motives.
Learn more from Setyan Law, a Los Angeles law firm that represents employees only. Attorney Sam Setyan handles every case personally, on contingency, with a free consultation and no fee unless you win. Call 213-618-3655.
Losing a job is hard. Losing it for an illegal reason is worse. If you were fired illegally because of who you are, because you spoke up, or because you took leave you were entitled to, the law gives you the right to fight back.
Attorney Sam Setyan is a Los Angeles wrongful termination lawyer who represents employees only, never employers. Sam handles every case personally, from the first call to the final settlement or verdict. We offer a free consultation and work on contingency, so there is no fee unless you win.
Call Setyan Law at 213-618-3655 or contact us online for a confidential case consultation.
A free consultation with an attorney can ease your worries. During this consultation, Sam Setyan will review your case, explain your options, and guide you toward the most favorable outcome possible. We aren’t afraid to take your case to trial if necessary.
Consultations are not only an opportunity to understand your case better but also a chance to evaluate your potential wrongful discharge lawyer. You can gauge their knowledge, approach, and fit for your case.
Call 213-618-3655. No fee unless you win!
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California is an “at-will” employment state. Under Labor Code § 2922, an employer can generally end your employment at any time, with or without a stated reason. But at-will employment has limits. An employer cannot fire you for a reason the law prohibits, and it cannot use a made-up reason to hide an illegal one.
Most cases turn on one question: what was the real reason you were fired? Employers rarely admit to discrimination or retaliation. They point to performance, restructuring, or a policy violation.
An unlawful termination attorney looks past the stated reason to the evidence, including the timing of the firing, how other employees were treated, what supervisors said, and whether the paperwork holds up.
If something about your firing doesn’t add up, it’s worth a conversation with a lawyer. The consultation is free, and it’s confidential.
The right lawyer can make a real difference in how your case is handled and what it’s ultimately worth. When comparing attorneys, look at a few key factors:
Before your consultation, prepare your questions in advance. Our guide, Top 10 Questions to Ask Before You Hire a Lawyer, covers what to ask and what to listen for in the answers.
A termination is generally unlawful if it was motivated, even in part, by one of the reasons below. Under California law, the illegal reason doesn’t have to be the only reason for the firing. It only has to be a substantial motivating factor.
The Fair Employment and Housing Act (FEHA) applies to employers with five or more employees. It prohibits firing someone because of a protected characteristic, including:
Discrimination can be obvious, such as a supervisor’s comment about your age. It can also be subtle, such as a pattern of older workers being replaced by younger ones, or a disabled employee being fired shortly after asking for an accommodation.
Learn more about Workplace Discrimination from Setyan Law.
Retaliation termination is one of the most common types of wrongful claims. It’s illegal to fire an employee for engaging in legally protected activity. Examples include:
If you were fired for filing a complaint, the timing matters. Since 2024, the law has presumed retaliation when an employer takes adverse action within 90 days of certain protected activity under the Labor Code. That shifts the burden to the employer to show a legitimate reason.
Learn more about Retaliation Termination from Setyan Law.
The California Family Rights Act (CFRA) gives eligible employees of employers with five or more employees up to 12 weeks of job-protected leave. It covers your own serious health condition, a family member’s serious health condition, or bonding with a new child.
Pregnancy Disability Leave Law (PDLL) provides up to four months of leave for pregnancy-related disability, regardless of how long you’ve worked there.
Being fired after medical leave, fired while on leave, or fired for being pregnant is often both a leave violation and a discrimination claim. Employers sometimes try to disguise these firings as a “position elimination” or “restructuring” that conveniently happens while the employee is out.
Learn more about how Leaves of Absence can lead to wrongful termination.
Learn more about Pregnancy Discrimination from Setyan Law.
Labor Code § 1102.5 protects employees who report conduct they reasonably believe violates a law or regulation. The protection applies whether you report to a government agency or internally to a supervisor or someone with authority to investigate. It also protects employees who refuse to take part in illegal activity. You don’t have to be right that the law was broken. You only need a reasonable belief.
Learn more about Whistleblower Termination from Setyan Law.
Even when no specific statute gives you a claim, the state recognizes a claim for wrongful termination in violation of public policy. This applies when an employee is fired for a reason that undermines a fundamental policy found in a statute or the Constitution. Examples may include being fired for serving on a jury, taking military leave, reporting a crime, or refusing to commit perjury.
Some employees aren’t at-will. A written contract, offer letter, employee handbook, or long history of assurances can, in some cases, create an express or implied promise that you would only be fired for “good cause.” If your employer broke that promise, you may have a breach-of-contract claim, even without discrimination or retaliation.
Learn more about Breach of Employment Contract claims from Setyan Law.
You don’t always have to be fired to have a claim. Constructive discharge occurs when an employer knowingly makes working conditions so intolerable that a reasonable person feels they have no choice but to resign.
Examples include demotions meant to humiliate, stripping away duties, or ignoring severe harassment. If you were pushed out rather than fired, talk to a lawyer before assuming you have no case.
Whether you have a strong case usually depends on three things:
An unlawful termination lawyer in Los Angeles can review your situation and tell you honestly whether your case is worth pursuing.
No single sign proves a wrongful dismissal. But the more of these that apply to you, the more your case deserves a close look.
The first few weeks after a termination can affect both your finances and the strength of a future claim. If you think you were fired illegally, these steps help protect you while you decide what to do next.
When you’re fired, your employer must pay all final wages, including accrued vacation or PTO, at the time of termination (Labor Code §§ 201 and 227.3). If the final paycheck is late, you may be owed waiting time penalties of one day’s wages for each day it’s late, up to 30 days (Labor Code § 203). Compare your last pay stub with your hours, commissions, and unused vacation to make sure nothing is missing.
Find out when your employer-sponsored health insurance ends. You may be able to continue coverage through COBRA (employers with 20 or more employees) or Cal-COBRA (employers with 2 to 19 employees). Losing coverage also opens a 60-day special enrollment period with Covered California, which may be less expensive.
File a claim with the Employment Development Department (EDD) as soon as possible. Benefits generally start from the week you file, not the week you were fired, so waiting can cost you money.
Write down the names of coworkers who saw what happened or were treated differently than you, along with their personal phone numbers or email addresses. Once you leave, you may no longer be able to reach them through company channels.
Avoid posting about your employer or your firing on social media, and keep conversations with former coworkers factual. Employers often review public posts during litigation, and emotional statements can be used to challenge your credibility.
Return laptops, phones, badges, and files as requested, but don’t delete anything from company devices before you do. Save copies of your own personal documents first, such as pay stubs, reviews, and personal messages, rather than company records.
State law expects terminated employees to make reasonable efforts to find comparable work. Keep a simple log of the jobs you apply for, interviews, and offers. This record supports your claim for lost wages and counters any argument that you didn’t try to find new work.
If your firing has affected your sleep, health, relationships, or mental well-being, consider seeing a doctor or counselor. Beyond helping you through a difficult time, treatment records can support a claim for emotional distress damages.
Here’s how the process generally works. Every case is different, and a lawyer will adjust these steps to your situation.
Write down a timeline while it’s fresh. Include dates, what was said, who was present, and who else was treated differently. Save texts, personal emails, performance reviews, your offer letter, and your termination notice. Don’t take confidential company documents or access company systems after you’ve been let go, because that can create problems for your case.
Employees and former employees have the right to request their personnel file (Labor Code § 1198.5) and payroll records (Labor Code § 226). Your employer must produce them within 30 and 21 days, respectively. Limited exceptions exist, including when the employer and former employee agree in writing to a later date. These records often show whether the stated reason for your firing holds up.
If your employer offers severance in exchange for a release, don’t sign it on the spot.
Before you file anything, speak with an attorney. They can identify every claim available to you, since many cases involve more than one. Your lawyer will also calculate your deadlines and plan the strongest path forward.
For FEHA claims such as discrimination, harassment, and many retaliation and leave claims, you must first file a complaint with the California Civil Rights Department (CRD) and obtain a “right-to-sue” notice. Your lawyer may decide your best course of action is to request an immediate right-to-sue notice so the case can move to court.
Many cases resolve through a demand letter, mediation, or settlement negotiations. If the employer won’t offer fair compensation, we can file a lawsuit and prepare the case for trial. If you signed an arbitration agreement when you were hired, your case may proceed in arbitration instead of court. Your lawyer can review whether that agreement is enforceable.
A “statute of limitations” is the timeframe within which you can file a lawsuit. The statute of limitations for unlawful termination in California depends on the type of claim. Missing a deadline can end your case before it starts.
Common deadlines include:
Some deadlines can be shortened by contract or extended by special circumstances. Don’t rely on a general list; ask a lawyer to confirm the statute of limitations for your specific claim.
There’s no standard figure for settlement amounts. A case’s value depends on the facts, the evidence, and the harm you suffered. Depending on your claims, you may be able to recover:
The factors that most affect value include your salary, how long it takes you to find new work, the strength of the evidence, the severity of the employer’s conduct, and the employer’s size. We’ll give you a realistic assessment of your case during your free consultation.
Learn more about Wrongful Termination Damages from Setyan Law.
Many employers offer severance only in exchange for a release of all legal claims. Once you sign, you usually can’t sue later, even if you had a strong case.
The law gives you some protection. Separation agreements that restrict you from discussing unlawful workplace conduct must tell you that you have the right to consult an attorney. They must also give you at least five business days to do so.
If you’re 40 or older, federal law generally gives you 21 days to consider a release of age discrimination claims (45 days in a group layoff), plus 7 days to revoke after signing.
Use that time wisely. A lawyer can tell you whether the offer is fair, whether it’s worth negotiating, and whether you’d be giving up more than you’re getting.
No single law covers every situation. Instead, several federal and state laws each prohibit firing an employee for specific reasons. If an employer fires someone for a reason one of these laws forbids, the termination is unlawful.
Below are the main laws that protect employees:
The state law also recognizes a claim for wrongful termination in violation of public policy. This claim doesn’t come from a single statute. The California Supreme Court recognized it in Tameny v. Atlantic Richfield Co. (1980). To bring this claim, an employee points to a statute or constitutional provision that reflects a fundamental public policy, then shows the firing violated it.
When you talk to attorney Sam Setyan, he will explain anything you’re unsure about and answer your questions. Setyan Law provides you with a clear picture of your case and what to expect going forward.
At many firms, your case gets passed between associates and case managers. At Setyan Law, Sam Setyan handles your case himself. When you call, you talk to your lawyer.
We never represent employers. Our entire practice is built around protecting workers.
Employers settle fairly when they know your lawyer is prepared to go to trial. Sam Setyan recently secured a federal jury verdict against Costco Wholesale on behalf of the employee. He was also selected to Super Lawyers Rising Stars for 2027. Setyan Law has handled over 500 employment cases across the state with a 99.99% success rate.
We handle cases on contingency. You pay nothing up front, and we don’t take a fee unless you win.
With offices in Los Angeles (Century City), Beverly Hills, Pasadena, Burbank, and San Diego, we represent employees throughout LA County and across the state. We serve clients in English, Spanish, and Armenian.
Yes, in many cases. At-will employment lets an employer fire you for no reason, but not for an illegal reason such as discrimination, retaliation, or taking protected leave.
Wrongful termination includes firing based on a protected characteristic, retaliation for protected activity, firing for taking protected leave, whistleblower retaliation, firing in violation of public policy, breach of an employment contract, and constructive discharge.
Settlements vary widely based on lost wages, emotional distress, evidence strength, and the employer’s conduct. A lawyer can estimate your case’s value after reviewing the facts.
Often, yes. Being fired doesn’t automatically disqualify you from unemployment benefits. Applying for unemployment won’t hurt your case.
Possibly. If your employer made conditions so intolerable that a reasonable person would have resigned, you may have a constructive discharge claim.
You may still have a claim, but an arbitrator may hear it instead of a jury. Some arbitration agreements are unenforceable, so have a lawyer review yours.
At Setyan Law, nothing up front. We work on contingency, so our fee comes from the recovery, and if we don’t win, you owe no attorney fees.
Yes. Many people don’t realize their firing was illegal until a lawyer reviews the facts. The consultation is free and confidential.
The information on this page is for general informational purposes only and is not legal advice. Prior results do not guarantee a similar outcome. Contacting Setyan Law does not create an attorney-client relationship.
If you were fired illegally, you don’t have to accept it or figure it out alone. If you need a wrongful termination lawyer anywhere in California, Setyan Law is ready to review your case.
Call 213-618-3655 or contact us online for a free consultation. No fee unless you win. Hablamos español.