Frequently asked questions
General information about California employment law for workers in greater Los Angeles.
What is the deadline to file a wrongful termination claim in California?
It depends on the claim. FEHA discrimination and retaliation claims generally require a Civil Rights Department filing within three years of the act, followed by a lawsuit within one year of the right-to-sue notice. Other claims have their own deadlines. For example, many retaliation complaints to the Labor Commissioner must be filed within one year. Because dates control whether a claim can be brought at all, talk to a lawyer promptly.
California is at-will, so does that mean any firing is legal?
No. At-will means no reason is required, but a firing for an unlawful reason (discrimination, retaliation, protected leave, or refusing to break the law) may still violate California law.
When is my final paycheck due?
If you were fired or laid off, all wages are generally due at the time of termination. If you quit with at least 72 hours' notice, generally on your last day; without notice, generally within 72 hours.
What are waiting-time penalties?
Under Labor Code 203, if an employer willfully fails to pay final wages on time, it may owe a penalty of up to 30 days of your daily wages in addition to the unpaid wages.
Does unused vacation have to be paid out?
In California, accrued vacation or PTO is generally treated as earned wages and is typically paid out at separation. Policy details matter.
Should I sign a severance agreement?
A severance agreement usually releases claims. It is worth having it reviewed before signing so you understand what you are giving up and whether the terms are negotiable.
Can I record my boss or a meeting?
California generally requires the consent of all parties to record a confidential conversation. Recording without consent can create legal problems for you, so speak with an attorney before recording anything.
Do I need to file with HR before I have a claim?
Not always. Internal reporting can be important in some cases, but not reporting to HR does not by itself rule out protection. A lawyer can review your facts.
How small can my employer be for discrimination law to apply?
Most FEHA discrimination claims apply to employers with five or more employees. Harassment protections apply to employers of any size.
What is the Civil Rights Department (CRD)?
The CRD is the California agency that handles FEHA complaints. Filing with the CRD and obtaining a right-to-sue notice is generally required before bringing a FEHA lawsuit.
What if I was an independent contractor?
Classification is based on the actual relationship, not the label. Workers labeled contractors are sometimes found to be employees, which can open additional protections.
Can I be fired while on medical leave?
An employer may still make lawful decisions unrelated to leave, but a termination because of protected leave may be unlawful. Timing and documentation are important.
What is a reasonable accommodation?
A change that allows an employee with a disability to do the job, for example modified schedules, equipment, remote work, reassignment, or additional leave, unless it causes undue hardship.
My employer never discussed my doctor's note. Does that matter?
California requires a good-faith interactive process about accommodations. Failing to engage in that process can be a separate violation.
What is a WARN notice?
California's WARN Act generally requires covered employers to give 60 days' notice before a mass layoff, relocation, or plant closing. Missing notice may lead to back pay and benefits for affected workers.
Is this site a law firm?
No. Wrongfully Fired LA is an independent educational resource about California employment law. It does not give legal advice, and using it does not create an attorney-client relationship.
How long does an employment case take?
It varies widely. Some matters resolve in months through pre-litigation negotiation; litigated cases can take a year or more.
Will my employer know I used this site?
This site does not contact employers. The checker runs in your browser, and its answers are not stored.
What should I gather before talking to a lawyer or an agency?
Your offer letter, pay stubs, final paycheck, performance reviews, any complaints you made, termination paperwork, and any severance agreement. Do not take confidential company documents that you are not allowed to keep.
Where can I file a complaint in California?
It depends on the issue. The Civil Rights Department handles discrimination, harassment, and related retaliation. The Labor Commissioner handles unpaid wages and many retaliation complaints. The Where to file page lists each agency with a link to its official site.
This website provides general information about California law and is not legal advice. Information here may not apply to your situation.
Not sure which protections may apply?
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