Can You Be Fired Without Warning in California? Know Your Rights

If you have been terminated from your employment without notice, you might be wondering what your rights are. Many folks who find themselves in your position will wonder, “Can you be fired without warning in California?” The general answer is, yes, you can. California is an at-will employment state, but there are cases in which termination can be illegal. At Briana Kim, PC, our lawyers are here to help you determine whether or not you’ve been wrongfully terminated.

Understanding At-Will Employment in California

The state of California operates under at-will laws, meaning that employers maintain the right to fire an employee with or without warning for any reason or no reason at all, as long as their reasoning does not go against any state or federal laws or statutes. In August of 2025, over 18 million people were employed in California. All of these employees are protected from wrongful termination, and when such an act happens, they need the protection of a lawyer.

Exceptions to At-Will Employment Law

Under California law, termination without warning is not illegal. However, it can become unlawful under certain circumstances. Termination can become illegal when it violates other laws or statutes imposed by either the state or federal government. Exceptions to the at-will law, or situations when termination without a warning becomes unlawful, include the following:

• When you are wrongfully terminated for a discriminatory reason, this is illegal. Nearly 58% of Asian Americans alone say that they have suffered discrimination in their workplace. If you have been fired because of a protected characteristic, such as race, skin color, age, pregnancy status, marital status, military or veteran status, religion, country of origin, medical condition, or sexual orientation or gender, this is discrimination.
• If your termination violates any terms set forth in an existing employment contract or in a collective bargaining agreement, it can be deemed illegal, especially if that contract specifically lays out how a certain termination process would go.
• If your company operates under certain public policies, and those policies are violated during the course of your termination, then the termination may be deemed as wrongful. One example would be firing an employee for simply refusing to engage in any kind of illegal activity, such as fraud or certain safety violations.
• If your termination is done in retaliation against you, then it might be considered wrongful. One example might include being fired for engaging in your rightful union, seeking medical leave in a lawful and valid manner, or reporting harassment in your workplace. If you were terminated with or without notice for these reasons, you might be entitled to seek compensation.
• In California, employees have certain rights under the law when it comes to reporting illegal activity happening at their workplace (being a whistleblower). If your employer fires you simply because you have reported legal violations taking place at work, it does not matter if you did or did not receive notice: this is considered wrongful termination.

Whether you have been fired for whistleblower retaliation, sexual harassment retaliation, or based on your race, Attorney Briana Kim, PC, is here for you.

About Briana Kim, PC

For nearly two decades, attorney Briana Kim, PC, has been fighting for clients who have suffered wrongful termination in Orange County. As a proud Korean American, she is fluent in English and Korean and is here to support individuals from all walks of life and backgrounds. She is ready to be your legal champion and fight for your rights if you have been wrongfully terminated on grounds of harassment, discrimination, or other types of wrongful termination.

Ms. Kim is familiar with the operations at both the Orange County Superior Courthouse on West Civic Center Drive in Santa Ana and the US District Court located in the Ronald Reagan Federal Building and Courthouse on West Fourth Street in Santa Ana. Let Ms. Kim review your case and fight for your rights today.

FAQs

What Compensation Can I Receive for Wrongful Termination in California?

If you are able to prove that you have been wrongfully terminated from your employment in California, you may be able to recover certain damages in the form of monetary compensation. In 2022, the EEOC collected over $513 million in damages for terminated employees on the grounds of discrimination alone. Damages can include lost wages, pain and suffering, emotional distress, and possible punitive damages.

Am I Entitled to Severance Pay in California?

In California, severance pay is not required under law. However, if in your employment contract or company policy, severance pay is stated or implied, then it is your employer’s duty to supply you with that pay. In other situations, if there is a history at your company of offering terminated employees severance when there has been no notice of termination, then they may be obligated to provide severance in future situations.

Can I Be Fired for My Appearance in California?

Yes, in certain situations, you can be fired for your appearance in California. However, you cannot be fired based on a protected right regarding your appearance, such as your race or skin color; this offers you the right to file a claim of wrongful termination. This kind of termination should only take place if you are acting against the stated dress code of your company.

What Steps Can I Take if I Believe I Have Been Wrongfully Terminated?

If you have been wrongfully terminated, there are several steps you should take that could help prove your claim. First, it is important that you compile necessary evidence, such as emails and job evaluations or performance reviews. You should also collect any witness information that may be available, review your company’s policies, and seek the legal counsel of a wrongful termination attorney.

Hire a Wrongful Termination Lawyer Today

If you believe that you have been wrongfully terminated from your California workplace, the team at Briana Kim, PC, is here to serve you. It is vital that you act as quickly as possible in order to protect your rights and understand your legal options. Employment law is complicated, and when you add that to the stress of losing a job, you need to hire a wrongful termination lawyer who has got your back. Contact our offices today to schedule your free consultation.