Work & Employment · Claims and complaints
Losing a job, retaliation and protected activity
In this guide
- Most California employment is at-will, but firing for an illegal reason is prohibited.
- Retaliation complaints to the Labor Commissioner generally must be filed within one year.
- Unemployment benefits are handled separately by the EDD.
At-will employment and its limits
Most California jobs are at-will: employer or employee can end the relationship at any time, with or without a reason. The law still prohibits ending employment for certain reasons, including:
- Discrimination based on a protected characteristic
- Retaliation for protected activity, such as complaining about unpaid wages, safety, discrimination, or taking protected leave
- Reporting a suspected violation of law to a government agency or supervisor (whistleblowing)
- Reasons that violate an important public policy
- Breaking a contract that limits termination
Retaliation complaints
The Labor Commissioner takes retaliation complaints for activity protected by the Labor Code, such as filing a wage claim or reporting safety concerns. Discrimination-related retaliation goes to the Civil Rights Department (see Workplace discrimination).
Time frames
- Labor Commissioner retaliation complaint: generally within 1 year of the adverse action
- Civil Rights Department complaint: generally within 3 years
Unemployment insurance
People who lose work through no fault of their own may qualify for unemployment benefits through the Employment Development Department (EDD). The EDD decides eligibility separately from any claim against the employer.
Official sources for this guide
Keep reading