Fired or punished for speaking up in San Francisco?
Losing your job, hours or standing after you reported misconduct, took protected leave or exercised a workplace right may be unlawful.
If your workplace rights were violated, you may be able to pursue compensation for lost pay or emotional harm, and hold your employer accountable.
Not sure whether it was "serious enough"? You can request a review even if you never reported it to HR or are still employed.
What wrongful termination can look like, and what the law calls it.
Not every unfair firing is unlawful. What matters is the real reason behind the decision, and whether that reason is one the law prohibits.
My reviews were fine for years. Then I raised a concern, and suddenly I was 'not a fit.'
The law calls it → potentially wrongful termination
- I was let go shortly after reporting a problem at work. The law calls it → possible retaliatory termination
- They didn't fire me outright, they made the job impossible until I quit. The law calls it → possible constructive discharge
- The stated reason for my firing doesn't match what actually happened. The law calls it → possible pretext for an unlawful termination
- Two weeks after I pushed back on my San Francisco employer's numbers, my role was 'consolidated.' The law calls it → possible retaliation or retaliatory termination
These cover fired for an unlawful reason, fired after reporting misconduct, fired in breach of an agreement, pushed out instead of formally fired, retaliation for asserting workplace rights, in any industry. If something here is familiar, you don't have to be sure before you ask.
Illustrative situations, not client accounts.
San Francisco employers, from startups to banks to hospitals, cannot lawfully terminate workers for protected complaints or in violation of fundamental public policy. A FEHA retaliation complaint reaches the Civil Rights Department within three years; the EEOC window is 300 days; and the public-policy claim is a lawsuit with a deadline all its own. Equity, severance, and arbitration terms make route selection here unusually consequential.
What could taking action help you pursue?
Depending on the facts, legal action may help recover financial losses, address emotional harm, restore employment opportunities, or require workplace changes. Available remedies depend on the facts and applicable law; no outcome is guaranteed.
Recover what you lost
Lost pay, benefits, hours, and employment opportunities tied to the unlawful conduct.
Address the harm
Compensation for emotional distress may be available where the law provides for it.
Restore an opportunity
Some cases may involve reinstatement, promotion, corrected records, or another job-related remedy.
Create accountability
A resolution may include policy changes, training, or other corrective workplace action.
You do not need a perfect record, or even to know whether what happened was illegal, before asking what your options are.
Common concerns we hear from employees
I never reported it to HR.
You may still have legal options. Not reporting immediately does not automatically end your rights, although the specific facts can affect a claim.
I don't have screenshots or witnesses.
You do not need a complete evidence file before contacting us. We can help identify texts, emails, schedules, witnesses, and other evidence that may matter.
I still work there.
You can ask questions while still employed. Retaliating against a worker for opposing unlawful conduct or asserting protected rights may itself be unlawful.
My employer says I was fired for performance. Does that end the issue?
No. The stated reason is evidence, not the final answer. Timing, earlier reviews, shifting explanations, and how coworkers were treated can all show the real reason was retaliation.
Craig J. Ackermann
Shareholder · Admitted in California
Craig Ackermann represents California employees in wage-and-hour class actions, sexual and racial harassment, discrimination, and retaliation matters. He is licensed in California, Washington, and Texas.
Read Craig's full bio →Selected retaliation, discrimination, and harassment results.
$370K
Individual plaintiff · judgment includes fees and costs · Title VII retaliation judgment
Final
$23.5M
Financial-services workforce · 150 women · Sexual harassment settlement
Final · Craig Ackermann served as second chair (prior-firm experience)
$15M+
Apparel industry · individual plaintiff · Gender pay and promotion discrimination
Jury verdict, subject to post-trial proceedings, statutory limits, and appeal. Not a settlement or a collected recovery.
$1.3M
Construction workforce · 19 Black workers · Racial harassment
Final
Prior results do not guarantee a similar outcome. Every case is different; the value and outcome of your matter will depend on its specific facts.
What happens after you reach out?
You don't need documents, a lawyer-ready story, or even certainty that what happened was illegal.
- 01
Talk with us
A short initial conversation about what happened and when.
- 02
We assess the record
We identify possible claims, deadlines and evidence that may matter.
- 03
If we take the case
We handle the filing strategy, negotiations and litigation.
Deadlines can depend on where and how you file
California and federal claims may follow different filing routes. These are general time limits, not sequential steps.
Generally, to file a FEHA retaliation complaint with California's Civil Rights Department.
CRD, Employment ↗Often, to file a federal retaliation charge with the EEOC when state or local law also covers the claim.
EEOC, How to File a Charge ↗Generally, to file a lawsuit after receiving a California CRD right-to-sue notice.
CRD, Obtain a Right to Sue ↗Other claims and exceptions may have different or shorter deadlines. Contact counsel promptly so the applicable dates can be reviewed.
FEHA retaliation and wrongful termination in violation of public policy
Cal. Gov. Code § 12940(h); Tameny v. Atlantic Richfield Co.
Primary source, Cal. Gov. Code § 12940(h); Tameny v. Atlantic Richfield Co. ↗Share what happened in about two minutes. The firm will review your submission and contact you about possible options and next steps. There is no cost or obligation to request a review.
Deadlines and filing issues for workers in San Francisco.
- Unvested equity pressure is used to speed signatures on releases; the release, once signed, closes claims the deadlines had left open.
- Startups reorganize constantly, and a pretextual reorg looks identical to a real one on paper; the difference lives in timing and comparators.
- Arbitration clauses in offer letters shift the forum, not the limitations periods.
- An internal ethics or HR process, however formal, does not toll the EEOC's 300 days.
- Contractor labels at tech employers complicate coverage questions, and sorting them out late costs filing time.
Where do you file a wrongful termination claim in San Francisco?
California Civil Rights Department
Filing is CENTRALIZED statewide: online via California Civil Rights System (CCRS), phone 800-884-1684, 711 relay, TTY 1-800-700-2320, email contact.center@calcivilrights.ca.gov, or mail to HQ. CRD HQ/mailing is 651 Bannon Street, Suite 200, Sacramento, CA 95811.
File online →EEOC San Francisco District Office
Phillip Burton Federal Building, 450 Golden Gate Avenue, 5th Floor West, Suite 2524San Francisco, CA 94102
(800) 669-4000 EEOC Public Portal →
Superior Court of California, County of San Francisco
Civic Center Courthouse400 McAllister Street
San Francisco, CA 94102
The public-policy tort is filed in court rather than with CRD or the EEOC. A related FEHA retaliation claim may still require an agency charge first.
The filing path, step by step
- 1Anchor the record: the complaint or report, its recipients, and the termination or demotion that followed, each with a date.
- 2CRD's online intake takes the FEHA retaliation complaint statewide; San Francisco workers generally have three years.
- 3File the federal charge via the EEOC Public Portal within 300 days; the agency's San Francisco district serves the city.
- 4The public-policy tort is brought in San Francisco County Superior Court or the Northern District of California, and its clock is analyzed separately from any agency charge.
- 5Before choosing routes, review your equity grant, vesting schedule, severance draft, and arbitration clause; at San Francisco employers these shape leverage as much as the merits do.
Wrongful-termination information in other California cities
- FresnoWrongful-termination information
- Long BeachWrongful-termination information
- Los AngelesWrongful-termination information
- Orange CountyWrongful-termination information
- RiversideWrongful-termination information
- SacramentoWrongful-termination information
Asked by San Francisco workers.
I questioned my San Francisco startup's revenue reporting and was cut in the next layoff. Suspicious?
A layoff that follows a protected report can be retaliation dressed as a reduction in force. Selection criteria and who else was affected are the key evidence.
Does my unvested equity die with the termination?
Usually vesting stops at termination, which is exactly why retaliatory firings before a cliff or milestone draw scrutiny, and why releases deserve careful reading.
I'm labeled a contractor. Am I outside these protections?
The label is not the law. California tests the working relationship, and misclassified contractors can hold employee protections including retaliation claims.
Which courts serve San Francisco workers?
San Francisco County Superior Court for state claims; the Northern District of California, seated in the city, for federal claims.