Yes, but people do not get fired for no reason. There’s always a reason.
Here in California, most companies are in an at-will employment state. This means an employer can usually fire an employee for almost any lawful reason, or even no stated reason at all. California Labor Code § 2922 says employment with no specified term may be terminated at the will of either party on notice to the other.
No gets terminated for no reason. And at-will employment does not mean that employers can engage in discrimination, retaliation, or punishment for using a protected workplace right.
Example Scenario 1: When a Termination Is Lawful
A female employee works at a retail store. Sales are down, and the company decides to eliminate several positions. She was let go along with other employees in different departments. Her employer does not mention her race, age, disability, pregnancy, or any complaint she made. There is no sign that she was singled out for a protected reason.
In this situation, the termination may be legal, even if it feels unfair.
Example Scenario 2: A Potentially Illegal Termination
James tells HR that his supervisor has been making inappropriate comments about his disability. Two weeks later, he is fired for poor performance, even though he recently received a positive performance review.
That timing may raise concerns. California’s Civil Rights Department explains that employment discrimination laws apply to workplace decisions including terminating or separating employees. If James was fired because of his disability or because he complained about discrimination, the termination may be unlawful.
Example Scenario 3: Retaliation After Speaking Up
Alicia reports sexual harassment at work. Soon after, her schedule is cut, she is written up for minor issues, and then she is fired. Her employer says she was terminated for performance problems, but other employees made the same mistakes and were not disciplined.
That could be retaliation. California’s Civil Rights Department states that protected activities can include speaking out against harassment or discrimination, participating in investigations, requesting accommodations, and requesting protected leave.
What Should You Do If You Were Fired?
Save documents quickly. Keep copies of emails, text messages, performance reviews, complaints, write-ups, leave requests, accommodation requests, and termination paperwork.
The key question is not just, “Did my employer give a reason?” The better question is, Was the real reason lawful?
Think your firing was unfair or suspicious? Contact a California employment attorney today. We are willing to help you here at The Kaufman Law Firm, to review your situation, protect your rights, and find out whether you may have a wrongful termination claim.