7 Signs Your Termination Was Illegal (and What to Do Next)
After getting fired, there are probably many questions running through your mind. Did I not do my job? Was it a company wide decision? Was my employer breaking the law?
It’s possible that your termination was unjust but not illegal. California is an “at will” state which means you can be let go at any time with no reason given (unless your employer breaks the law).
If you think your employer broke the law, you may have grounds for a wrongful termination claim.
Every year many people file discrimination complaints against their employer. There were 88,201 new charges filed with the EEOC in FY 2025. This number includes many different types of actions in the workplace, and does not mean that all of these charges resulted in an illegal act.
Here are some things to consider when determining if you were wrongfully terminated:
What you’ll learn:
- 7 reasons your termination may have been illegal
- Information that may help determine what happened
- What you can do to help yourself before a statute of limitations runs out
1. You Were Fired Because of Who You Are
There are many things you cannot be fired for due to discrimination in the workplace.
Protected characteristics include race, religion, sex, pregnancy, disability, sexual orientation, gender identity and age 40 or older, among others.
Let’s say your boss tells you that you’re doing great. Then they find out you are pregnant and start talking about what your future holds at that job. A few weeks later, you’re fired but others with similar job history stay.
While this doesn’t directly mean you were fired because of your pregnancy, it can help build a case that that was the real reason.
2. Your Dismissal Followed a Discrimination Complaint
Were you recently fired after complaining about discrimination or other illegal acts?
Retaliation can be illegal even if the original complaint is not ultimately proven; protection for internal opposition generally requires a reasonable good-faith belief.
An attorney can help you figure out if you were fired because of your actions. If you live in the San Diego area hhdlaw.com discusses many topics that pertain to discrimination, retaliation and wrongful termination.
Just because you filed a complaint and got fired doesn’t always mean you can file a lawsuit. It all depends on why your employer decided to fire you.
3. You Spoke Up About Wages, Safety or Illegal Conduct
Sometimes people complain about something, and their employer fires them because they don’t want the problem to get attention.
Maybe you reported working overtime and not being paid, or you complained about an unsafe work environment. Another example is if you informed someone about your employer committing an illegal act.
There are many ways that you can be protected when filing a complaint about your employer breaking the law. Refusing to take part in unlawful conduct can also be protected in some circumstances. Each situation will depend on what the action was and what law is being broken.
Make sure you know what you complained about, when you complained and who you informed. Having documentation can help you prove that you filed a complaint and were fired shortly after.
4. You Were Punished for Taking Protected Leave
If you took leave that is protected, you should not have been fired just for taking that leave.
You may have been entitled to job protection if you took family or medical leave under the FMLA or California Family Rights Act. California also protects some workers who take leave for pregnancy related disabilities.
If your employer told you that your job was eliminated while you were out on protected leave, but hired someone to fill that position, you may have a case.
However, your employer can let you go if your job was truly eliminated and not because you were out on leave.
5. An Accommodation Request Triggered Your Firing
An employee asks to accommodate their schedule due to a disability and their employer decides to terminate them.
This could be considered discrimination or failure to accommodate.
Your employer may have to accommodate for some situations, it just depends on the circumstances and what type of accommodation you are asking for. If you have a disability, pregnancy or religious beliefs they may have to allow you to make changes to your schedule or environment.
Keep the request, employer reply and only supporting records you may lawfully retain.
6. You Were Fired for Acting With Coworkers
Talking to other coworkers about wages or other issues at work can be considered protected activity.
You and a group of coworkers ask your employer to pay you for prep time. You tell your employer and get fired for causing problems.
Employees can join together to discuss wages and other terms and conditions of employment under federal law. Not all employees are protected and there are limits to what can be discussed.
Many covered employees are protected when discussing wages or working together about workplace conditions, but exceptions apply.
7. The Employer’s Explanation Keeps Changing
If your employer is lying about why they fired you, they may change their story to cover up what really happened.
You were let go because your company was downsizing, but when you read your termination papers they say you committed misconduct. Or maybe your company hired someone to take your place.
These are not always signs that your termination was illegal. Genuine staffing decisions or innocent differences in explanation are possible, but changing reasons may be evidence when combined with other facts.
But if you can show that your termination came after a discrimination complaint, or you were out on leave, you may have a valid claim.
What to Do After a Suspected Illegal Termination
Knowing these things can help you determine if you should take action, but remember to keep all of your documents that may be able to support your case.
Here are some tips:
- Write down everything. List all of the events that led to your termination, meetings, conversations, complaints, requests, reviews, dates and anyone who may have witnessed these events.
- Keep documents. Make sure you have any documents that you are entitled to, like your offer letter, wage statements, termination letter, emails, texts, etc. Do not steal information from your employer.
- Ask for your reason. If you feel comfortable, ask your employer why they fired you and if they have any documents that can prove their claim. They are not required to give you all of your information, but it’s worth asking.
- Make sure you get paid. In California if you are fired you are supposed to receive all of your wages, including any unused vacation pay. If you were not paid what you owed, that’s another violation, but it doesn’t prove that you were illegally terminated.
- Know your deadlines. If you want to file a claim, make sure you know what your options are and how long you have to file. Depending on what type of claim you want to file, you may have to go through the Civil Rights Department or EEOC first. Be aware that some claims have shorter statutes of limitations than others, and some states require you to go through a state agency before filing in court.
Always check with an attorney or the proper agency to make sure you know your deadline. Most employment discrimination cases will require you to file with an agency and receive a right to sue letter before you can file in court.
An attorney can also help you understand what damages you may be able to receive if you were illegally terminated.
One Last Thing
A firing is not automatically illegal, but a dismissal linked to discrimination, retaliation or another protected right merits review. Make sure you have all of your documents and know your deadline before you decide what to do next.
