California Wrongful Termination

Before You Use the Wrongful Termination Success Probability Tool

Before using this tool, it’s important to understand that not everyone in California qualifies to bring a wrongful termination lawsuit—even if their firing feels unfair. Two groups in particular often fall outside the standard framework: independent contractors and government employees. Their legal rights are governed by very different rules compared to private-sector employees.

Independent Contractors Are Generally Not Protected by Wrongful Termination Laws

One of the most common misunderstandings we encounter involves independent contractors. California’s wrongful termination laws—whether under Fair Employment and Housing Act (FEHA), whistleblower statutes like California Labor Code Section 1102.5, or common-law public policy claims—apply only to employees, not contractors.

This means independent contractors usually cannot bring a wrongful termination lawsuit because:

1. They don’t receive statutory employment protections.

2. Employers have no legal obligation to provide job security or anti-retaliation safeguards to contractors.

3. Contractors typically work under business-to-business agreements, not employment contracts.

However, classification isn’t always as clear as it seems. Many workers are misclassified as independent contractors when, in practice, they function like employees—for example, they work set hours, use company equipment, and operate under direct supervision. If this applies to you, your first legal step may be to challenge your classification, since proving you were actually an employee could unlock the legal protections available under FEHA and related statutes.

Examples of Independent Contractors

Independent contractors typically work for a business but are not classified as employees. Common examples include:

• Rideshare drivers (e.g., Uber or Lyft)

• Freelance designers, writers, and developers

• Consultants hired on short-term contracts

• Gig workers who set their own schedules and provide their own equipment

While these workers may rely heavily on a single company for income, they generally do not have employee statusunder California law unless they can prove they were misclassified. This distinction plays a major role in whether someone can bring a wrongful termination claim.

Government Employees Follow a Different Legal Framework

If you work for a state, county, or local government agency, your situation is also different. Although some state and local employees can bring claims under FEHA, the legal process is more complex and often involves additional administrative steps.

For example:

• Many public employees have civil service protections or union grievance procedures that must be used before any lawsuit can move forward.

• While FEHA can apply to public employers, employees usually must exhaust government-specific remediesbefore filing a claim.

• Certain claims may be barred or restricted by California Government Claims Act, which can also impose shorter filing deadlines—sometimes as little as six months.

Because of these extra layers of procedure, government wrongful termination claims often require specialized legal representation.

Our Wrongful Termination Success Probability Tool is built for private-sector employees. In general, the longer your continuous employment, the stronger many claims appear, tenure can bolster credibility, increase potential damages (lost wages/benefits), and undercut “probationary” or short-tenure defenses.