Updated June 23, 2026
Wrongful Termination and Tort Law
If you’ve recently lost your job under circumstances that felt unfair, illegal, or retaliatory, you’ve probably come across the term “wrongful termination” — and maybe even seen it described as a “tort.” But what does that actually mean, and how does it affect your legal options? Understanding the relationship between wrongful termination and tort law is the first step toward knowing what kind of compensation you may be entitled to.
This guide breaks down what makes wrongful termination a tort, how it overlaps with statutory employment law, and why working with a wrongful termination lawyer can make the difference between a quick denial and a meaningful recovery.
What Is a Tort, Exactly?
A tort is a civil wrong — an act or failure to act that causes harm to another person, for which the law allows the injured party to seek compensation (called “damages”). Torts are different from crimes, which are prosecuted by the government, and different from simple contract disputes, which are typically limited to the terms the parties agreed to.
Common examples of torts include negligence, defamation, fraud, and intentional infliction of emotional distress. Wrongful termination can fall into this category when an employer’s decision to fire an employee violates a fundamental duty owed to that employee — not just a contractual promise.
Why Wrongful Termination Can Be a Tort
In most states, including California, employment is presumed to be “at-will.” That means either the employer or the employee can end the relationship at any time, for almost any reason, without notice. On its face, this gives employers broad discretion to fire employees.
However, courts and legislatures have carved out important exceptions. When an employer fires someone for a reason that violates public policy, the law treats that firing as more than a broken business arrangement — it treats it as a civil wrong against the employee and, by extension, against society’s interest in protecting certain rights. This is where the tort theory comes in.
The leading example is wrongful termination in violation of public policy, a tort recognized in California through the landmark case Tameny v. Atlantic Richfield Co. Under this theory, an employee can sue in tort — not just for breach of contract — when they are fired for reasons such as:
Refusing to engage in illegal activity at the employer’s request
Reporting illegal conduct (whistleblowing)
Exercising a legal right, such as taking medical leave or filing a workers’ compensation claim
Refusing to violate a statute, or performing a legal obligation (like jury duty)
Reporting workplace discrimination or harassment
Because it’s a tort claim rather than a simple contract claim, a successful wrongful termination lawsuit can open the door to a broader range of damages, including:
Lost wages and benefits (past and future)
Emotional distress damages
Punitive damages, in cases involving malice, oppression, or fraud
Attorney’s fees, in certain statutory claims
This is a major distinction. A breach of contract claim is generally limited to the financial value of what was promised. A tort claim recognizes that the harm extends beyond a paycheck — to the employee’s reputation, mental health, and ability to find comparable work.
How Wrongful Termination Fits Into the Broader Employment Law Framework
Wrongful termination doesn’t exist in isolation — it sits at the intersection of several areas of employment law:
1. Statutory Protections
Federal laws like Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) prohibit termination based on protected characteristics. California’s Fair Employment and Housing Act (FEHA) goes even further, offering broader protections than federal law for employees in Los Angeles and throughout the state.
2. Contract Law
If an employee has a written, oral, or even implied employment contract (for example, through an employee handbook or consistent company practice), termination that breaches the terms of that agreement can give rise to a breach of contract claim, separate from — or alongside — a tort claim.
3. Tort Law
As discussed above, when a termination violates a fundamental public policy, it can be pursued as a tort, opening the door to emotional distress and punitive damages that aren’t available in a typical contract case.
4. Retaliation Law
Many statutes — including whistleblower protections, wage and hour laws, and workers’ compensation statutes — include their own anti-retaliation provisions, which sometimes overlap with, but are legally distinct from, public policy tort claims.
Because these legal theories overlap, a single wrongful termination case in Los Angeles might involve claims under FEHA, a public policy tort claim, and a breach of contract claim — all at once. Identifying every applicable legal theory is critical, because each one carries different deadlines, evidentiary requirements, and potential damages.
Why You Need an Experienced Los Angeles Employment Attorney
Because wrongful termination claims can be built on overlapping statutory, contractual, and tort theories, building the strongest possible case requires a lawyer who understands how to layer these claims together — and who knows how California courts have interpreted them.
This is where Setyan Law stands out as one of the best wrongful termination lawyer Los Angeles employees can turn to.
Led by attorney Sam Setyan, a Loyola Law School graduate who began his career at one of the largest employment litigation firms in Southern California, Setyan Law has built its practice specifically around representing employees — not employers — in wrongful termination, discrimination, harassment, retaliation, and wage-and-hour disputes. The firm has litigated hundreds of employment cases throughout Los Angeles, Pasadena, Glendale, and the surrounding areas, and prepares every case for trial from day one rather than rushing to an early settlement.
What sets Setyan Law apart for employees searching for the best wrongful termination lawyer in Los Angeles:
Direct attorney access — clients work directly with their attorney, not a rotating cast of paralegals
No Fee Until We Win — consultations are free, and the firm only gets paid if you do
Deep knowledge of both sides — having worked in employment defense with the top players like Seyfarth Shaw, Fisher Phillips, Ohagen Meyer and Gordon Reese, Sam Setyan understands how employers and their insurers build their defense, and how to dismantle it
Comprehensive case evaluation — every potential legal theory (tort, statutory, and contractual) is identified and pursued
What to Do If You Believe You Were Wrongfully Terminated
Document everything. Save emails, performance reviews, termination letters, and any communications related to your firing.
Note the timeline. Employment claims are subject to strict statutes of limitations — sometimes as short as a few months for certain administrative filings (such as with California’s Civil Rights Department).
Don’t sign anything before consulting a lawyer. Severance agreements often include releases that waive your right to sue.
Schedule a free consultation. An experienced employment attorney can quickly identify which legal theories — tort, statutory, or contractual — apply to your situation.
Final Thoughts
Wrongful termination is more than just losing a job — when it violates public policy, it constitutes a tort, and the law treats it accordingly. Understanding this distinction matters because it directly affects the damages you may be able to recover.
If you’ve been fired in Los Angeles under circumstances that felt illegal, retaliatory, or discriminatory, don’t navigate this process alone. Contact Setyan Law for a free consultation at (213)-618-3655 and find out why employees throughout Los Angeles, Pasadena, and Glendale trust the firm as the best wrongful termination lawyer Los Angeles has to offer.
Call Setyan Law at (213)-618-3655 to schedule a free consultation.
