The employment market in California is changing rapidly — tech company layoffs, corporate restructurings, task automation, and shifts in how companies hire and terminate workers. If you feel your job is at risk, or if you have already been notified of a potential layoff, you need to know your rights now — before it is too late to protect yourself.
My name is Arlo Uriarte, employment attorney at Liberation Law Group. In this article I explain what rights you have when your job is at risk in California, what is legal and what is not when an employer conducts layoffs, and how to protect yourself if you believe you may be wrongfully terminated. Call 1-888-442-2642 or request your free consultation here. Available 24/7.
Changes in California’s Employment Market in 2025–2026
The Bay Area — especially San Francisco, San Mateo County, and San Jose — has experienced a wave of tech sector layoffs that began in 2022 and continues into 2026. Major companies have eliminated thousands of positions. Other industries are also in transformation: retail, hospitality, manufacturing, and services.
What many workers do not know is that not all terminations are equal under the law. Some terminations are completely legal. And some are illegal — and can give rise to significant lawsuits.
California Is an “At-Will Employment” State — But With Important Exceptions
California is an at-will employment state. This means that technically an employer can terminate you at any time, without giving a reason, without prior notice. But this rule has very important exceptions that protect workers.
When a Termination Is Illegal in California
Discriminatory termination: It is illegal to terminate you based on race, national origin, gender, age (if you are over 40), pregnancy, disability, religion, sexual orientation, or gender identity. If the terminations at your company disproportionately affect workers in a protected group, that may constitute discrimination. Learn about your rights regarding wrongful termination in California.
Retaliatory termination: It is illegal to terminate you for having reported employment violations, filed a workers’ compensation claim, filed a sexual harassment complaint, taken protected medical or family leave, or participated in union activity. These are illegal forms of retaliation. Read about your rights against workplace retaliation in California.
Termination in violation of a contract: If you have an employment contract that establishes conditions for termination — whether explicit or implied through an employee handbook — your employer may be violating that contract by terminating you without following those procedures.
Constructive dismissal: If your employer makes working conditions so intolerable that you are forced to resign, that can be the legal equivalent of a wrongful termination. This is called constructive dismissal.
California’s WARN Act: Advance Notice in Mass Layoffs
If your company is conducting a mass layoff — generally defined as 50 or more employees within a 30-day period — the California WARN Act (Worker Adjustment and Retraining Notification Act) requires the company to give you 60 days’ advance notice.
If you were not given that 60-day notice, you are entitled to up to 60 days of wages and benefits as compensation. This right applies to workers at companies with 75 or more employees in California.
If you work at a large company in the Bay Area and received a termination notice without the required 60 days, call 1-888-442-2642 immediately. This type of violation has very specific deadlines for filing a claim.
Is your job at risk or have you just been notified of a layoff?
Attorney Arlo Uriarte can evaluate your situation today — free, in Spanish. 1-888-442-2642 — free consultation here — 24/7.
Severance Packages: Do Not Sign Without Reading
When you are terminated, you are often presented with a severance package with documents to sign. Before signing anything, you need to know:
A severance package frequently includes a “release of claims agreement” — meaning that by signing it, you are waiving your right to sue your employer. If the termination was illegal, that agreement may be worth far less than what you could recover in a lawsuit.
In California, if you are 40 years of age or older, the law gives you 21 days to consider a severance agreement that includes a waiver of claims under the federal age discrimination law, and 7 days to revoke your signature after signing.
Never sign a severance agreement without an employment attorney reviewing it first. The consultation with Liberation Law Group is free — and it could be the difference between accepting an inadequate offer and recovering what you are truly owed.
What to Do If You Think You Are Going to Be Terminated
Document everything now: If you notice signs that you may be terminated — comments from supervisors, changes in responsibilities, exclusion from meetings, unusual warnings — start documenting everything. Save emails, write down conversations with date and time.
Review your contract: If you have an employment contract, employee handbook, or any document that establishes employment conditions, keep a copy.
Consult with an attorney before the termination happens: If you can do this before the termination occurs, all the better. An attorney can help you understand your rights and make informed decisions.
Do not resign: If your employer is creating conditions to push you into resigning, consult with an attorney before taking that step. A resignation may be exactly what your employer wants in order to avoid liability for wrongful termination.
We represent workers throughout Northern California: San Francisco, Oakland, San Jose, Santa Rosa, Vallejo, Sonoma County, and the entire region.
How Much a Wrongful Termination Case Can Be Worth
The value of a wrongful termination case depends on several factors: the type of violation, the length of employment, your salary, whether there were emotional distress damages, and whether there is evidence of malicious conduct by the employer.
In cases of discriminatory or retaliatory termination, compensation can include: lost wages from the date of termination through resolution of the case, projected future earnings, lost benefits, emotional distress damages, and in some cases punitive damages. In cases where there is clear evidence of discrimination or retaliation, recoveries can be substantial.
In similar cases we have seen recoveries ranging from tens of thousands to hundreds of thousands of dollars, depending on the circumstances. The only way to know what your case may be worth is through a free case evaluation.
Were you terminated and believe it was unjust or illegal?
Call 1-888-442-2642 to speak today with employment attorney Arlo Uriarte. Free consultation in Spanish — no obligation — 24/7.
Frequently Asked Questions About Jobs at Risk and Wrongful Termination in California
Is California an at-will employment state? What does that mean?
Yes, California is an at-will employment state. This means an employer can terminate you without giving a reason and without prior notice, and an employee can resign at any time without liability. However, there are important exceptions: the employer cannot terminate you for discriminatory reasons (race, gender, age, pregnancy, disability), in retaliation for exercising employment rights, or in violation of an explicit or implied contract. These exceptions are broad and protect most workers from genuinely wrongful terminations. If you were terminated and are unsure whether it was for an illegal reason, call 1-888-442-2642 for a free evaluation.
Do I have the right to know why I was terminated?
Under California law, an employer is generally not required to give you a reason for termination — unless you have a contract requiring “cause” for dismissal. However, in practice, if the employer gives you a reason that appears pretextual — meaning it does not fully explain the decision or contradicts the employee’s work history — that can be evidence that the true reason was discriminatory or retaliatory. If you were terminated and the reason you were given does not make sense given your work history, that is something worth discussing with an employment attorney.
What is the WARN Act and when does it apply?
California’s WARN Act requires employers with 75 or more employees to give 60 days’ notice before conducting mass layoffs of 50 or more employees. If your company did not give that notice, you are entitled to compensation equal to up to 60 days of wages and benefits. There is also a federal version of the WARN Act for companies with 100 or more employees. If you work at a large company that is conducting mass layoffs without the required notice, this is a significant legal violation. Call 1-888-442-2642 immediately — these cases have very specific deadlines.
Should I sign the severance agreement my employer offered me?
You should not sign anything without first consulting with an employment attorney. Severance agreements almost always include a waiver of your right to sue — and if the termination was illegal, what they are offering you may be significantly less than what you could recover in a lawsuit. Additionally, if you are 40 or older, the law gives you 21 days to consider any agreement that includes a waiver of age discrimination claims. The consultation with Liberation Law Group is completely free — call 1-888-442-2642 before signing anything.
What is constructive dismissal and how do I know if it applies to my case?
Constructive dismissal occurs when an employer creates working conditions so intolerable that the employee is forced to resign. In these cases, the law treats the resignation as if it were a termination — and if the conditions that caused the resignation were discriminatory or retaliatory, you may have a wrongful termination case. Common examples include: drastic and unjustified changes in responsibilities, significant salary reductions, systematic harassment, or punitive transfers. If you are in a situation where you feel you are being pushed to resign, consult with an attorney before taking that step. Call 1-888-442-2642.
How long do I have to sue for wrongful termination?
Deadlines depend on the type of claim. For discrimination under FEHA: 3 years from the termination. For contract claims: 2 or 4 years depending on the type of contract. For retaliation related to reporting dangerous conditions: specific deadlines depending on the type of report. Acting quickly is always better — evidence is fresher, witnesses remember more clearly, and you preserve more legal options. Call 1-888-442-2642 today.
Can I sue if I am a union member and was terminated?
If you are a union member, your collective bargaining agreement (CBA) frequently establishes specific procedures for termination disputes — including a grievance process and possibly union arbitration. It is important that you contact your union representative immediately if you are terminated. However, even in unionized employment there are situations where you may also have independent legal claims — especially if the termination was discriminatory or if the union failed to adequately represent your interests. An employment attorney can help you evaluate all of your options.
Does Liberation Law Group handle termination cases throughout Northern California?
Yes. We represent workers in San Francisco, Oakland, San Jose, Sonoma County, Santa Rosa, Vallejo, San Mateo County, and throughout the region. Consultations are conducted by phone or video call — no travel required. The initial consultation is completely free. Call 1-888-442-2642 — available 24/7 in English and Spanish.
Act Before It Is Too Late
If you feel your job is at risk, or if you were already terminated and believe it was unjust, time is critical. Deadlines begin running from the moment of termination. Call 1-888-442-2642 or request your free consultation. Attorney Arlo Uriarte is ready to hear your case — in Spanish, at no cost, 24/7.
Liberation Law Group — Employment Attorneys for Workers, 24/7
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