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Wrongful Termination Defense Lawyer for California Employers
Defending Employers Against Wrongful Termination Lawsuits.
Protect your business from costly litigation with a strategic, aggressive defense. A wrongful termination claim can threaten your company’s reputation and financial stability. We are here to protect your interests.
Employers only — never employees
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Trusted by 1,500+ companies in California. · Google reviews — 4.8 · Employers only — never employees
§ 01 — Claims we defend
Common claims we defend for California employers.
Our attorneys are adept at dissecting the nuances of each type of claim to build the strongest possible defense for your business.
01
Discrimination
Gov. Code § 12940(a) · FEHA
Defending claims that a termination was based on an employee’s protected class — race, gender, age, disability, and others.
Discuss it ↗
02
Retaliation
Lab. Code § 1102.5
Fighting allegations that an employee was fired for a legally protected activity, like reporting harassment or whistleblowing.
Discuss it ↗
03
Breach of Contract
Lab. Code § 2922
Handling disputes where an employee claims their termination violated the terms of an express or implied employment contract.
Discuss it ↗
04
Public Policy Violations
Tameny claims
Countering claims that an employee was fired for refusing to break the law or for exercising a legal right or privilege.
Discuss it ↗
05
Constructive Discharge
Turner standard
Addressing claims that working conditions were made so intolerable that a reasonable person would feel forced to resign.
Discuss it ↗
06
WARN Act & Layoffs
Lab. Code § 1400 et seq.
Defending against claims of improper notice related to mass layoffs or closures under the state and federal WARN Acts.
Discuss it ↗§ 02 — What is at stake
Why this demands an immediate, strategic response
In California, employment is generally “at-will” — an employer may terminate an employee for any lawful reason, or no reason at all. But that principle has significant exceptions, and plaintiffs’ counsel builds cases inside them.
A termination is “wrongful” when it allegedly violates state or federal law, breaches an employment contract, or contravenes fundamental public policy. Our firm provides a swift and robust defense when your business is accused — and pre-termination counsel that keeps decisions defensible before they are made.
The strongest defense usually exists before the termination happens: documented performance management, consistent policy enforcement, and a clean decision-making record. When a claim does arrive, those records become the case.
At-will + exceptions
The claim lives in the exception
Discrimination, retaliation, and public-policy theories convert an at-will termination into a jury question — the record defeats them.
Gov. Code § 12965
FEHA fee exposure
A prevailing FEHA plaintiff can recover attorney’s fees — which is why weak claims still carry real settlement pressure.
Documentation wins
The file is the defense
Contemporaneous, consistent documentation of legitimate business reasons is the single most powerful asset in a termination case.
§ 03 — How we defend it
Our strategy on these matters
01→
Decision Review
We reconstruct the termination record — performance history, comparators, timing — and identify the legitimate, non-discriminatory grounds the defense will stand on.
02→
Early Motions
Where the record supports it, we move early: demurrers, motions to strike, and summary judgment on claims that cannot survive the documented facts.
03→
Strategic Resolution
We evaluate settlement against trial risk honestly — sometimes early resolution is right; sometimes strength is the only leverage that produces a fair number.
04
Pre-Termination Counsel
For decisions not yet made, we advise before you act — severance strategy, timing, and documentation that keeps the decision defensible.
§ 04 — Questions
Common questions on this matter
Q.01California is at-will — how can a termination be “wrongful”?+
At-will employment has statutory and public-policy exceptions. If a termination is alleged to be motivated by a protected characteristic, protected activity, or a refusal to break the law, at-will status alone is not a defense — the documented business reason is.
Q.02An employee is threatening to sue over a termination. What now?+
Preserve every record connected to the decision, avoid new communications with the former employee about the merits, and involve counsel before responding to any demand letter or agency charge.
Q.03Should we get advice before terminating a high-risk employee?+
Yes — pre-termination review is the cheapest legal work you will ever buy. Structure, timing, documentation, and severance strategy decided before the decision is communicated routinely prevent litigation entirely.
Related practice areas
John FagerholmEmployer defense attorney · Licensed in California since 2001