Fired in California: What to Do in the First Week

Check your final paycheck

When an employer fires you, California Labor Code §201 generally requires that all wages earned and unpaid are paid immediately at the time of termination. That includes regular pay, overtime you worked, and in most cases accrued vacation or paid time off that you have not used, because California treats earned vacation as wages.

Look at the final pay stub carefully. Compare the hours and the rate with your own records. If something is missing, ask in writing for the correction and keep a copy. If an employer willfully fails to pay final wages on time, it can owe waiting-time penalties under Labor Code §203, which are explained in a separate guide.

Request your records

California gives current and former employees a right to see certain records. You can ask in writing for your personnel file under Labor Code §1198.5, for your payroll records under Labor Code §226, and for copies of documents you signed relating to obtaining or holding the job under Labor Code §432. The employer must respond within the time limits set in those sections.

These records help an attorney understand how the employer documented your performance, your pay and the reasons for the termination. Do not take confidential company documents or customer data on your way out. Keep your own pay stubs, offer letter, performance reviews and messages that were sent to you.

• Personnel file: Labor Code §1198.5
• Payroll records and wage statements: Labor Code §226
• Signed instruments: Labor Code §432

Apply for unemployment benefits

Unemployment Insurance is administered by the Employment Development Department (EDD). Being fired does not automatically disqualify you. The EDD looks at why the job ended, and benefits can be denied for misconduct as the law defines it. Apply as soon as you are out of work, because benefits generally start from the week you file, not from the day you lost your job.

Answer the EDD's questions truthfully and consistently. If your employer describes the termination differently, you can respond in an eligibility interview and appeal a denial.

Ask whether the firing was unlawful

Most California jobs are at will under Labor Code §2922, so an employer does not need a good reason to end them. A termination is unlawful, however, if the real reason is discrimination or retaliation prohibited by the Fair Employment and Housing Act, retaliation for reporting a legal violation under Labor Code §1102.5, retaliation for a wage complaint, or another reason that violates public policy. A written contract or a clear promise of termination only for cause can also limit at-will employment.

Timing often matters. A firing shortly after you complained, asked for an accommodation, took medical or family leave, or reported a safety issue deserves a closer look. Write down a timeline with dates, names and what was said, and list witnesses.

Don't rush to sign

Many employers hand over a separation or severance agreement at the termination meeting. These agreements usually release your legal claims in exchange for money. You are generally not required to sign on the spot, and California law requires certain separation agreements to give you at least five business days to consider them. Ask for the agreement in writing and take the time to have it reviewed.