Los Angeles Wrongful Termination Lawyer

Fired for a reason California law does not allow? A trial lawyer who has taken a wrongful termination case all the way to a jury.

Reviewed by David Gammill, California trial attorney · Last reviewed: October 24, 2026

California is an at-will state, and most employers will tell you that means they can fire anyone for any reason. That is not the law. An employer cannot fire you for reporting what you reasonably believe is illegal, for refusing to break the law, for complaining about unpaid wages, for taking leave you were entitled to, or because of who you are. When the reason behind a firing is one the law forbids, the firing is a wrongful termination, no matter what the personnel file says. Gammill Law Accident & Injury Lawyers represents employees, never employers, in wrongful termination and retaliation cases in Los Angeles County.

In 2024, David Gammill tried a wrongful termination case to a jury verdict of $6,190,126 for two employees who were fired days after reporting what they believed was illegal conduct inside their company. The jury answered every question on the verdict form in their favor. Every case is different, and past results do not guarantee a similar outcome.

Consultations are free and confidential. Call 310-750-4149 or request a free case evaluation. There are no upfront legal fees; a fee is collected only if we win.

Was My Firing Illegal?

Short answer: A firing is wrongful in California when the real reason for it is one the law prohibits. The most common prohibited reasons are retaliation for reporting suspected illegal conduct, retaliation for refusing to participate in it, retaliation for asserting your rights under the Labor Code, discrimination because of a protected characteristic, and retaliation for complaining about discrimination or harassment. A firing can also be wrongful when it breaks an employment contract.

At-will employment means an employer does not need a good reason to end the relationship. It does not mean an employer may act on an illegal one. California recognizes several routes to a wrongful termination claim, and a single firing often supports more than one of them:

Retaliation for reporting suspected illegal conduct. Labor Code section 1102.5 prohibits an employer from retaliating against an employee for disclosing information the employee has reasonable cause to believe shows a violation of a state or federal law, rule, or regulation. The report can go to a government agency, to a supervisor, or to another employee with the authority to investigate or correct the problem. The protection applies whether or not reporting is part of your job, and it protects you even if the employer only believed you had reported or might report.
Retaliation for refusing to break the law. The same statute prohibits retaliation against an employee who refuses to participate in an activity that would violate the law. You do not have to prove the activity was in fact illegal; the statute asks whether you were punished for refusing.
Termination in violation of public policy. Under the California Supreme Court’s decision in Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167, an employee fired for a reason that violates a fundamental public policy of the state can sue in tort, with the full range of tort damages. The classic example is an employee fired for refusing to commit a crime at the employer’s request.
Discrimination and retaliation under FEHA. The Fair Employment and Housing Act prohibits firing an employee because of race, national origin, religion, sex, pregnancy, age, disability, medical condition, sexual orientation, gender identity, and other protected characteristics, and it prohibits retaliation against an employee who complained about discrimination or harassment or who participated in an investigation.
Retaliation for asserting Labor Code rights. Labor Code section 98.6 prohibits discharging or otherwise punishing an employee for complaining about unpaid wages, filing a claim with the Labor Commissioner, or exercising other rights the Labor Code provides. When the adverse action comes within 90 days of the protected activity, the law presumes it was retaliation and puts the burden on the employer to prove otherwise.
Breach of contract. If you had a written agreement, or a clear promise, that you would be fired only for cause, a firing without cause can be a breach of contract.

These routes overlap, and the choice among them affects what you can recover and how long you have to file. The firm evaluates every route in the first conversation, not after the complaint is drafted.

What Are the Signs That a Firing Was Retaliation?

Short answer: Timing, a reason that does not hold up, and a change in how you were treated after you spoke up. No employer writes down that it fired someone for reporting a problem. Retaliation cases are proven by sequence, documents, and the gap between the stated reason and the real one.

The patterns that recur in the cases the firm sees:

The calendar. You reported a problem, refused an instruction, requested leave, or filed a complaint, and the consequences came quickly. In the case David Gammill tried to verdict, the report was made on April 24 and the decision to fire was made by May 5. Under section 98.6, an adverse action within 90 days of protected activity creates a rebuttable presumption of retaliation; outside that statute, a short gap is still powerful evidence.
A reason that appears for the first time after you spoke up. Years of good reviews, then a performance improvement plan the week after a complaint. A policy violation that other employees committed without consequence. A restructuring that eliminated exactly one position.
Shifting explanations. The reason given at the termination meeting differs from the one in the unemployment response, which differs from the one in the lawyer’s letter. Juries notice.
A changed relationship. Being excluded from meetings, moved off accounts, written up for things that were never an issue before, or isolated after the protected activity.
A counterattack. Some employers respond to a claim by accusing the employee of misconduct or even suing them. In the case the firm tried, the company sued its own former employees; the jury awarded it nothing.
Missing records. Deleted email accounts, text messages that cannot be produced, and surveillance that was never preserved. California juries can be instructed that willfully suppressed evidence would have been unfavorable to the side that suppressed it.

None of these alone proves a case. Together, they are how most wrongful termination cases are won.

How Do I Find the Best Wrongful Termination Lawyer in Los Angeles?

Ask three questions. Has the lawyer tried an employment case to a jury, or only settled them? Who will actually handle your case, the lawyer you met or someone you have not? And will the firm tell you the truth about a weak case before you spend a year on it?

David Gammill has tried over 100 cases to verdict, first as a prosecutor during seven years as a Los Angeles County Deputy District Attorney and then as a trial lawyer for the people the law is supposed to protect. Every case is different, and past results do not guarantee a similar outcome. Employers and their insurers price a case on whether the lawyer across the table will try it. The 2024 wrongful termination verdict described on this page settled only after a jury had answered every question on the verdict form, including the questions that opened the door to punitive damages.

This is a Torrance trial firm, not a national advertising brand. The lawyer you speak with in the first call is the lawyer who handles your case. Our attorneys bring more than 40 years of combined legal experience to every case we take, and the firm answers calls in English and Spanish.

What Is a Wrongful Termination Case Worth?

Short answer: The value of a wrongful termination case depends on what you lost and which law was broken. Lost wages and benefits are the floor. Emotional distress damages are available on most of the theories above. Punitive damages are available when the employer acted with malice, oppression, or fraud. Some statutes add civil penalties and shift attorney fees to the employer.

The categories, in the order a jury considers them:

Lost earnings. Wages, commissions, bonuses, and the value of benefits from the date of termination through trial, and future lost earnings where the firing damaged your career or your ability to find comparable work. In the verdict described above, the entire $6,190,126 was economic damages for two employees.
Emotional distress. Available on the public policy tort, on FEHA claims, and on section 1102.5 claims. A firing that follows a report of wrongdoing, or that comes with an accusation of misconduct, does damage that juries recognize.
Punitive damages. Available against a private employer that acted with malice, oppression, or fraud, proven by clear and convincing evidence. How punitive damages work, including the higher burden of proof and the limits on them, is explained in our guide to Civil Code section 3294. Public entities do not pay punitive damages.
Civil penalties. Section 1102.5 adds a civil penalty of up to $10,000 per employee for each violation, payable to the employee who was retaliated against. Section 98.6 carries the same penalty.
Attorney fees. Section 1102.5 authorizes the court to award reasonable attorney fees to a plaintiff who brings a successful action, and FEHA has its own fee provision. Fee shifting changes the economics of a case: an employer that loses may pay your lawyer in addition to paying you.
Reinstatement. Section 98.6 entitles an employee who was discharged for protected activity to reinstatement and reimbursement for lost wages and benefits. Most clients do not want their jobs back; the remedy still matters because it shapes the settlement conversation.

Every case is different, and past results do not guarantee a similar outcome. The figure that matters is the one a jury would award on your facts, and the firm will give you an honest estimate before you commit to litigation.

The Secret Recording Case: A Wrongful Termination Verdict in Los Angeles

Two employees reported what they believed was illegal activity inside their company, internally, to people with the authority to act on it. Eleven days later the company had decided to fire them. Then it sued them. Seven years of litigation followed before a jury heard the evidence in a three-week trial in Los Angeles Superior Court.

The defense came to trial with a recording of the plaintiffs that it swore had been made openly and with permission. The firm did not fight to keep it out. Examined moment by moment at trial, the recording showed the signature of a concealed device, and the defense’s best exhibit became the plaintiffs’ proof of how they had been treated. On September 26, 2024, the jury answered every question on the special verdict form for the plaintiffs: $6,190,126 in damages, a finding by clear and convincing evidence that the company and an individual executive acted with malice, oppression, or fraud, and zero on the company’s lawsuit against its former employees. Before the punitive damages phase could be tried, the case resolved by confidential settlement.

The full account of how the case was built and tried is at $6.2 Million Wrongful Termination Verdict: The Secret Recording Case. Every case is different, and past results do not guarantee a similar outcome.

How Long Do I Have to File a Wrongful Termination Claim in California?

Short answer: It depends on the claim. A public policy wrongful termination claim generally must be filed within two years of the firing. A section 1102.5 retaliation claim generally has three years. A FEHA claim must first be filed with the California Civil Rights Department within three years of the unlawful act, and the lawsuit must be filed within one year after the Department issues a right-to-sue notice. Some claims against public employers require a government claim within six months. Talk to a lawyer about your dates before you assume anything.

The deadlines are not interchangeable, and the shortest one controls the claim it governs:

Public policy (Tameny) claims: two years from the termination under the general personal injury statute, Code of Civil Procedure section 335.1.
Labor Code section 1102.5 claims: three years, under the statute of limitations for liabilities created by statute.
FEHA discrimination and retaliation claims: a complaint with the Civil Rights Department within three years of the unlawful practice, then a civil action within one year of the right-to-sue notice. Filing with the Department first is mandatory; a lawsuit filed without it will be dismissed.
Claims against a city, county, school district, or state agency: many of them require a written government claim within six months, before any lawsuit. Our guide to the government claim deadline explains which claims the requirement reaches.
Contract claims: four years on a written contract, two years on an oral one.

Evidence has its own clock. Email accounts get deleted, phones get replaced, and witnesses move on. The sooner a lawyer sends a preservation demand, the more of the record survives. A detailed explanation of each theory, how a retaliation case is proven, and the deadlines side by side is in our guide to wrongful termination law in California.

How Is a Retaliation Case Proven?

Short answer: On a section 1102.5 claim, you must show by a preponderance of the evidence that your protected activity was a contributing factor in the firing. The burden then shifts to the employer, which must prove by clear and convincing evidence that it would have fired you anyway for legitimate, independent reasons. That is a heavy burden, and it is why the sequence of events matters so much.

California wrote this framework into the Labor Code in section 1102.6. “Contributing factor” means what it says: the protected activity does not have to be the only reason, or even the main one. Once you show it played a part, the employer has to prove its innocence to a standard most civil defendants never face. A prosecutor spends years proving cases beyond a reasonable doubt; David Gammill spent seven of them in the Los Angeles County District Attorney’s office, and the discipline of building a case to a high standard is the discipline that wins these.

Under FEHA, the framework is different. The employee shows a protected characteristic or activity, an adverse action, and a connection between them; the employer offers a legitimate reason; and the employee shows that reason is a pretext. On the public policy tort, the question for the jury is whether the prohibited reason was a substantial motivating reason for the firing. The firm pleads every theory the facts support so that the strongest framework is available at trial.

What Should I Do If I Think I Was Wrongfully Terminated?

Do not sign anything yet. Severance agreements almost always include a release of claims. The amount offered is often a fraction of what the claims are worth, and you can negotiate once you know what you are giving up. A lawyer can review the agreement quickly.
Write down the sequence while it is fresh. The date you reported the problem, who you told, what they said, every change in how you were treated afterward, and the date and stated reason for the termination.
Preserve your own records. Keep copies of your offer letter, handbook, reviews, pay stubs, the report or complaint you made, and any texts or emails about it, as long as taking them does not violate a confidentiality agreement or the law. Do not take trade secrets or other employees’ private information; ask a lawyer what you may keep.
Request your personnel file and payroll records. California law entitles you to copies of both. The employer’s own file often tells the story.
File for unemployment. A wrongful termination claim does not bar unemployment benefits, and the employer’s response to the claim becomes evidence of the reason it gave at the time.
Be careful in exit interviews and recorded calls. You can decline to give a recorded statement or to answer questions about your claims.
Talk to a lawyer before the deadlines run. Some of the clocks above are short, and a FEHA claim requires a filing with the Civil Rights Department before any lawsuit.

Who Does This Page Serve?

Employees in Los Angeles County who were fired, forced out, or demoted after reporting a problem, refusing an unlawful instruction, complaining about wages or discrimination, requesting leave, or returning from it. That includes employees of private companies of every size, and employees of public agencies, school districts, and cities, whose claims carry additional procedural requirements that we handle at the start. The firm is in Torrance, on Del Amo Boulevard at Hawthorne Boulevard, and handles cases filed in Los Angeles Superior Court.

If your claim belongs before the Labor Commissioner rather than in court, or your dispute is outside Los Angeles County, we will tell you that honestly and try to point you to the right place.

Frequently Asked Questions

Can I be fired for no reason in California?

Yes, for no reason. Not for an illegal reason. An at-will employer may end the relationship without cause, but it may not fire you because you reported suspected illegal conduct, refused to participate in it, complained about wages or discrimination, took protected leave, or belong to a protected class. When the stated reason is a cover for one of those, the firing is wrongful.

Do I have to prove my employer actually broke the law?

No. Section 1102.5 protects a report you had reasonable cause to believe disclosed a violation. If you were fired for making it, you have a retaliation claim even if the underlying issue was never proven.

I reported the problem internally, not to the government. Am I protected?

Yes. Section 1102.5 protects disclosures to a person with authority over you, or to another employee with the authority to investigate, discover, or correct the problem, as well as disclosures to government and law enforcement agencies. The employees in the verdict described on this page reported internally.

What if I quit because conditions became unbearable?

A resignation can be treated as a firing when the employer knowingly created or allowed working conditions so intolerable that a reasonable person would have had no choice but to resign. This is called constructive discharge. It is a harder claim than an outright firing, and the facts matter; talk to a lawyer before you resign if you can.

My employer says I was laid off, not fired. Does that matter?

Only if it is true. A layoff that eliminated one position, yours, shortly after you spoke up is evaluated the same way as any other termination. The question is the real reason, not the label.

Will I have to pay anything up front?

No. There are no upfront legal fees; a fee is collected only if we win, under a written contingency fee agreement that complies with California law.

What if my employer sues me back?

It happens. In the case the firm tried to verdict, the employer filed a cross-complaint against the two employees it had fired, and the jury awarded it nothing. A counterattack raises the stakes; it does not change the facts, and a jury can see it for what it is.

How long does a wrongful termination case take?

Many cases resolve within a year or two of filing. Some do not: the verdict described above came seven years after the lawsuits were filed, because the employer chose to litigate rather than settle. The firm prepares every case as if it will be tried, which is usually what brings a fair settlement sooner.

The firm also pursues select business disputes on contingency for companies and individuals who have a strong claim and no budget for hourly litigation. For the law behind this page, read our guide to wrongful termination in California.

Talk to a Los Angeles Wrongful Termination Lawyer

If you were fired for a reason the law does not allow, call 310-750-4149 or request a free case evaluation. The consultation is free and confidential, you decide what to share, and nothing happens unless you ask us to act. Gammill Law Accident & Injury Lawyers, 3820 Del Amo Blvd, Ste 304, Torrance, CA 90503, serving all of Los Angeles County.

This page is attorney advertising and general information, not legal advice for any specific situation. Reading it or contacting us does not create an attorney-client relationship. Deadlines and outcomes are fact-specific; consult a licensed California attorney about your own circumstances. Every case is different, and past results do not guarantee a similar outcome.