Can my employer fire me for any reason?

This page is general information, not legal advice. If you think your firing was illegal, talk to a free clinic or a lawyer soon. Deadlines apply.

What does "at will" mean?

It means either side can end the job. California's Labor Code says a job with no set end date can be ended "at the will of either party" (Labor Code 2922). You can quit any time. Your employer can usually let you go any time.

So your employer usually does not need a good reason. Being fired for a bad reason, an unfair reason, or no reason is often legal. That is hard to hear. It is also why knowing the illegal reasons matters so much.

Exceptions to check:

• A contract for a set time. Labor Code 2922 says employment for a set term means a period longer than one month. If you have a written contract for a set time, at will may not apply.
• A union contract. Many union contracts say you can be fired only for a good reason. Ask your union steward right away.
• Written promises. If your offer letter or handbook promised you would be fired only for cause, keep a copy and ask a lawyer.

When is a firing illegal?

A firing is illegal when the real reason is one the law bans. The main groups:

Because of who you are

California bans firing someone because of their race or color, ancestry or national origin, religion, age 40 and over, disability, sex or gender (including pregnancy, childbirth and breastfeeding), sexual orientation, gender identity or expression, medical condition, genetic information, marital status, military or veteran status, or reproductive health decisions (Civil Rights Department). Most of these rules apply to employers with 5 or more workers (Government Code 12926).

See What counts as illegal discrimination or harassment at work.

Because you used a right at work

It is illegal to fire you for things like these (Laws that prohibit retaliation, Labor Commissioner):

• Complaining about pay, or filing a wage claim
• Using paid sick days
• Reporting a safety problem or an injury
• Talking about your pay or working conditions
• Reporting something illegal, or refusing to do something illegal
• Taking time off for your child's school, within the limits of the law
• Updating your name, Social Security number or work permit after a lawful change
• Refusing to go to an employer meeting about politics or religion
• Your lawful political activity

See What counts as illegal retaliation at work.

Because of an old arrest or a cleared record

An employer may not use an arrest that did not lead to a conviction, a diversion program, or a conviction that was dismissed or sealed, to decide to fire you, with some exceptions for certain jobs (Labor Code 432.7). See Looking for work with a record.

Because of your immigration status

Threats to report you, or reporting you, to punish you for using your rights are illegal (Labor Code 244). If your employer says it got a Social Security no match letter, see Employer got a Social Security no match letter and My boss threatens to call immigration.

How can I tell which reason it was?

Employers rarely say the illegal reason out loud. Look for signs:

• Timing. Were you fired soon after you complained, got pregnant, asked for an accommodation, or got hurt? For pay complaints, a firing within 90 days is presumed to be retaliation under Labor Code 98.6.
• Different treatment. Were others who did the same thing kept on?
• Changing reasons. Did the reason change from what you were first told?
• Words. Did anyone make comments about your age, accent, faith, family or status?

Write it all down now while you remember.

What should I do in the first week?

1. Get your final pay. When you are fired, all wages you earned, including unused vacation, are due right away (Labor Commissioner FAQ). If your employer willfully pays late, it can owe you up to 30 days of extra pay. See Your final paycheck.
2. Ask for your records. You can ask for your pay records and personnel file in writing. See How to get copies of your pay records and personnel file.
3. Ask for copies of what you signed. If you signed papers to get or keep the job, you can ask for a copy (Labor Code 432).
4. Do not sign anything new in a hurry. If you are offered money to sign a release, read Should I sign a severance agreement? first. Your employer cannot make you sign a release to get wages you already earned.
5. Apply for unemployment if you can. Being fired does not always block benefits. See Unemployment after being fired or quitting.
6. Write your timeline and save texts, schedules and reviews on your own phone.
7. Call a free clinic if you think the reason was illegal.

Where do I file, and by when?

The Civil Rights Department says you must file with it first even if you plan to go to court (Civil Rights Department). The Labor Commissioner says it does not ask about immigration status, and you do not need a Social Security number or photo ID to file a retaliation complaint (Labor Commissioner).

What can I get if the firing was illegal?

It depends on the law and the facts. Under the Labor Code, the Labor Commissioner can order rehiring and back pay with interest, plus penalties (Labor Code 98.7). For some violations, the employer can owe up to $10,000 per worker per violation (Labor Code 98.6). Discrimination cases can lead to other money and orders. No one can promise an outcome. A clinic or lawyer can tell you what is realistic.

What mistakes should I avoid?

• Assuming nothing can be done. At will has limits. Check the illegal reasons above.
• Waiting too long. Some deadlines are as short as 180 days.
• Leaving without your records. Request them in writing soon.
• Signing a release before getting advice. You may be giving up claims for very little.
• Posting about your employer online. It can be used against you. Talk to a clinic first.

Who can help?

These are public offices and nonprofit clinics. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Legal Aid at Work, Workers' Rights Clinic: free and confidential for people within its income limits or age 60 and over. East Palo Alto line: (415) 404-9093. Clinic details
• Labor Commissioner: retaliation and wage claims, with phone interpreters at 833-526-4636. How to file
• Civil Rights Department: discrimination complaints. Call 800-884-1684. Complaint process
• More local help: Free help with a work problem in the Bay Area

Losing a job hurts, and it can shake your whole family. It is not the end of the road. Take the first step on the list this week.

Questions people ask

Does my employer have to give me a reason? Under at will rules, usually not. If they do give one, write it down exactly.

Does my employer have to warn me first? Not under at will rules in general, unless a contract, union agreement or written policy says so. Big layoffs can require 60 days' notice. See When your job closes or lays people off.

I was fired while on sick leave. Is that legal? Firing you for using protected sick days is illegal retaliation. Talk to a clinic.

I do not have papers. Can I still file? Yes. California says its worker protections apply whatever your immigration status, except getting your job back when federal law bars it (Labor Code 1171.5). Ask a clinic what that means for you.

Is there a checklist I can print?