Wrongful Termination Lawyer in Modesto

If you experienced wrongful termination at a Modesto workplace, you have strong protections under California law. We represent employees only, never employers, and offer a free, confidential consultation. 1-800-371-3088.

What Is Wrongful Termination in Modesto

California is an at-will state, but the at-will rule has many exceptions. The leading case is Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167, which established the public-policy tort: an employee fired for refusing to commit an illegal act, for asserting a statutory right, or for reporting illegal conduct can sue in tort. Other Modesto wrongful-termination grounds include FEHA (Cal. Government Code section 12940), Labor Code section 1102.5 (whistleblower retaliation), Labor Code section 6310 (Cal/OSHA retaliation), Labor Code section 232 (wage-discussion retaliation), and Labor Code section 132a (workers' compensation retaliation).

Modesto Industries Where Wrongful Termination Claims Are Most Common

• Wine production workers at E. & J. Gallo Winery - at E. & J. Gallo Winery (the world's largest family-owned winery and largest wine producer by volume globally; founded in 1933 by brothers Ernest and Julio Gallo; headquartered at 600 Yosemite Boulevard, Modesto, CA 95354; approximately 6,500 local employees per Wikipedia / 7,593 globally per IBISWorld) and its Bartles & Jaymes subsidiary (also listed as a Stanislaus County major employer per the California EDD). Wine production workers are covered by Cal/OSHA standards (Cal. Code Regs., tit. 8), California Labor Code section 6310 (retaliation for safety reporting), and federal OSH Act section 11(c) (29 U.S.C. section 660). Production-line workers are non-exempt employees entitled to overtime under Cal. Labor Code section 510. Vineyard workers are agricultural workers under the ALRA (Cal. Labor Code section 1140 et seq.) and AB 1066 (Cal. Labor Code section 857). Gallo's recent closure of its Courtside Cellars facility in San Miguel (47 employees laid off) triggered a Cal-WARN notice and may give rise to Cal-WARN Act (Cal. Labor Code section 1400 et seq.) 60-day-notice claims.
• Healthcare workers at Doctors Medical Center and Memorial Medical Center - at Doctors Medical Center of Modesto (1441 Florida Avenue, Modesto, CA 95350, (209) 578-1211 - part of the Central Valley Doctors Health System; 2,600 employees and 331 affiliated clinicians per Medicare data) and Memorial Medical Center (Sutter Health, 1700 Coffee Road, Modesto, CA 95355, (209) 526-4500 - a 419-bed voluntary non-profit acute-care hospital). Covered by SB 525 healthcare-worker minimum-wage schedule (Cal. Labor Code sections 1182.14, 1182.15, 1182.16), California Health and Safety Code section 1278.5 ($25,000-per-violation civil penalty for patient-safety retaliation), and CNA / SEIU-UHW / NUHW collective bargaining agreements.
• Education workers at Modesto City Schools and MJC - at Modesto City Schools / MCS (district office at 426 Locust Street, Modesto, CA 95351; (209) 574-1500; serving approximately 30,000 Pre-K-12 students with 3,200 employees) and Modesto Junior College / MJC (435 College Avenue, Modesto, CA 95350-5800, (209) 575-6550 - founded in 1921 as one of the oldest community colleges in California; serves 18,000+ day and evening students across two main campuses; part of the Yosemite Community College District). K-12 teachers are covered by the California Education Code sections 44930-44987 (permanent teacher tenure, dismissal procedures, and Skelly hearings). All public-school and community-college employees are subject to the 6-month government-claim deadline.
• County workers at Stanislaus County - at Stanislaus County government (4,031 employees - the 2nd-largest employer in the city) including the Stanislaus County Sheriff's Department (deputy sheriffs subject to POBR / Cal. Gov. Code section 3300 et seq.), the Stanislaus County District Attorney's Office, the Behavioral Health & Recovery Services (also on the EDD Major Employer list), the Stanislaus County Office of Education, and other County departments. Subject to the 6-month Government Claims Act deadline (Gov. Code section 911.2), PEPRA, and MMBA.
• Agricultural and farmworker employees - in the almond, wine-grape, dairy, and row-crop fields surrounding Modesto. Stanislaus County is a major California agricultural county. Agricultural workers are covered by: (1) the Agricultural Labor Relations Act (ALRA, Cal. Labor Code section 1140 et seq.); (2) AB 1066 (Cal. Labor Code section 857) daily/weekly overtime for farmworkers (8/40 thresholds since 2022); (3) Cal/OSHA heat illness prevention regulations (Cal. Code Regs., tit. 8, section 3395); and (4) MSPA protections (29 U.S.C. section 1801 et seq.).
• Retail and consumer-services workers - at the Vintage Faire Mall and chain retailers along McHenry Avenue, Briggsmore Avenue, Carpenter Road, and Yosemite Boulevard, including Save Mart Supermarkets (a Modesto-area regional grocer), Costco, Target, Walmart, Home Depot, and many fast-food and restaurant chains. Fast-food workers at chains with 60+ national locations earn the $20.00/hour AB 1228 floor (Cal. Labor Code section 1474).
• Government and public-sector workers at the City of Modesto - at the City of Modesto (1010 10th Street / 10th Street Place - charter city, with "Charter Officers" appointed by the City Council), the Modesto Police Department (officers subject to POBR / Cal. Gov. Code section 3300 et seq.), the Modesto Fire Department, and the Stanislaus County Superior Court (Main Courthouse at 800 11th Street, City Towers Civil at 801 10th Street, Traffic at 2260 Floyd Avenue, Juvenile at 2215 Blue Gum Avenue). Subject to the 6-month Government Claims Act deadline for state and local public employers.

Modesto Mass-Layoff Notice Rights

If you were part of a Modesto mass layoff, the California WARN Act (California Labor Code sections 1400 through 1408) requires covered employers with 75 or more workers to give 60 days' advance written notice of a mass layoff of 50 or more employees in any 30-day period, a plant closing, or a relocation. Federal WARN (29 U.S.C. sections 2101-2109) applies to employers with 100+ employees. Damages: up to 60 days of back pay and benefits, plus an additional civil penalty of up to $500 per day under federal WARN if notice is not given to the local government. SB 617 (effective January 1, 2026) expanded the required notice content. E.&J. Gallo Winery recently closed its San Miguel "Courtside Cellars" operation, affecting 47 workers via Cal-WARN; Matern Law Group has reported a $4.75 million class-action wage-and-hour settlement involving Central Valley/Modesto-area employees.

California Law

For the full California framework, including Tameny, Labor Code section 1102.5, FEHA, Cal-WARN, and public-employee due-process rights, see our California employment law page.

What Compensation Can You Recover

Back pay, front pay (or reinstatement where appropriate), emotional-distress damages, punitive damages (unlimited under FEHA and under the Tameny tort), 60-day Cal-WARN back-pay damages where applicable, and attorneys' fees and costs (Cal. Government Code section 12965(c); Labor Code section 1102.5(j)). For details, see our California employment law page.

How to File a Wrongful Termination Claim in Modesto

FEHA charges go to the California Civil Rights Department (CRD), Sacramento Office, 2218 Kausen Drive, Suite 100, Elk Grove, CA 95758. Federal charges go to the EEOC San Francisco District Office, 450 Golden Gate Avenue, 5 West, San Francisco, CA 94102. Whistleblower and wage claims can be filed with the California Labor Commissioner (DLSE Stockton Office, 31 East Channel Street, Room 317, Stockton, CA 95202). Civil suits are heard at the Stanislaus County Superior Court, Main Courthouse, 800 11th Street, Modesto, CA 95354. Call us at 1-800-371-3088 before any deadline.