If you just got fired — or you’re facing discipline at work — and something about it feels off, you’re not alone. More and more California workers are discovering that the decision to write them up, suspend them, or terminate them wasn’t made by a manager who actually knows their work. It was made, at least in part, by an algorithm. And if you’re searching for answers about AI termination California employee rights, you’ve come to the right place — because California has given workers powerful new protections against exactly this kind of thing.

The idea that a computer program could decide your fate at work sounds like science fiction. But it’s already happening. Companies use automated tools to track productivity, flag “low performers,” and even generate termination recommendations — sometimes without a single human taking a hard look at whether the decision is fair or accurate.

Here’s what you need to know about where the law stands right now.

What Is SB 947, and How Does It Protect AI Termination California Employee Rights?

SB 947, authored by Senator McNerney and signed into law by Governor Newsom on September 30, 2026 (Chapter 859, Statutes of 2026), adds sweeping new rules to the California Labor Code about how employers can — and can’t — use automated decision systems (ADS) when it comes to discipline and termination.

Think of an ADS as any software, algorithm, or AI tool that processes employee data and spits out a recommendation or decision. That could be a productivity-monitoring platform that flags you for falling below a threshold, a scheduling algorithm that marks absences against you, or a machine-learning tool that predicts which workers are likely to quit or cause problems.

SB 947 covers only discipline and termination decisions about current employees. It does not cover hiring or promotion, and it does not cover independent contractors or job applicants. It is a narrower version of SB 7, which the Governor vetoed in 2025 as overly broad. If you were labeled an independent contractor but your employer controlled your work like an employee’s, you may legally be an employee. An attorney can help you sort that out.

SB 947 does not give employees a direct right to sue under the new law. It is enforced by the California Labor Commissioner and public prosecutors. Some employment lawyers expect claims to be brought under California’s Private Attorneys General Act (PAGA). Because your options depend on your situation, talk to an employment attorney.

Here’s the core of what SB 947 requires:

• Bans sole reliance on AI for firing or discipline. Your employer cannot use an automated system as the only basis for writing you up or letting you go. Period.
• Requires real human review. If an employer primarily relies on an ADS to make a discipline or termination decision, a human must independently investigate and corroborate the decision using actual data — not just rubber-stamp whatever the algorithm recommended.
• Kills the decision if it can’t be verified. If that human reviewer can’t corroborate the ADS output, or concludes it’s inaccurate or misleading, the employer is prohibited from relying on it.
• Gives you written notice. If AI played a primary role in your discipline or firing, the employer must provide you with a written post-use notice explaining that.
• Lets you see your own data. You have the right to request a meaningful description of your own data the system used, when your employer primarily relied on it to make the decision.
• Prohibits AI-based profiling of protected characteristics. Employers cannot use automated tools to infer your race, gender, age, disability status, or other protected characteristics — or to predict and punish you for exercising your legal rights, like filing a complaint or requesting accommodations.

SB 947’s protections take effect on July 1, 2027.

You Already Have Protections Right Now — Even Before SB 947 Takes Effect

You don’t have to wait for SB 947’s operative date to have rights. California already has some of the strongest workplace protections in the country, and they apply whether a human or a machine made the decision.

Under the California Fair Employment and Housing Act (FEHA), it is illegal for an employer to discriminate against you based on protected characteristics — including race, gender, age, disability, sexual orientation, and more. The method of discrimination doesn’t matter. An algorithm that produces a discriminatory outcome violates the law just as much as a biased supervisor would.

The California Civil Rights Council’s regulations specifically addressing automated decision systems in employment took effect on October 1, 2025. These rules make clear that if an AI tool discriminates against employees — whether directly or through disparate impact — the employer is responsible, even if a third-party vendor built the tool.

Employers are also required to keep all data related to their automated decision systems for four years. That’s important, because it means evidence may exist even if your employer tries to minimize AI’s role in your termination.

Federal anti-discrimination laws such as Title VII and the ADA still apply. That said, California’s state-level protections remain among the most critical tools for workers right now.

Real Warning Signs That AI May Have Played a Role in Your Firing

So how do you know if an algorithm had a hand in your discipline or termination? Here are some scenarios California workers are already encountering:

Your termination felt sudden and impersonal. You had no prior warnings from your direct manager, no performance conversations — and then you were let go based on metrics or data you never saw.

You were flagged by a productivity tool. Your employer uses software to track keystrokes, mouse movements, time on task, or other digital activity — and your write-up or firing referenced data from that system.

The explanation didn’t match your experience. Management cited performance issues that don’t align with the feedback you’ve been getting, or referenced patterns that seem to come from a system you weren’t told about.

Multiple people were let go at once based on similar criteria. Mass layoffs driven by algorithmic “scoring” of employees have become more common, particularly in the tech sector.

You belong to a protected class and suspect the pattern isn’t random. If the workers being flagged or fired skew older, or are disproportionately workers of color, women, or people with disabilities, that’s a red flag that the ADS may be producing discriminatory outcomes.

If any of this sounds familiar, it’s worth talking to an attorney who understands how these tools work and how California law applies to them.

What You Can Do If You Believe AI Was Used in Your Termination

If you suspect an algorithm played a role in your firing or discipline, here’s what matters right now:

Document everything. Save any communications about performance metrics, productivity tracking, or automated monitoring. If you received a termination letter or write-up that references data, scores, or system-generated findings, keep copies.

Request your personnel file. Under California law, you have the right to inspect your personnel records. This can reveal whether automated tools or algorithmic assessments were part of your employment file.

Note the timing. Did your termination happen shortly after you filed a complaint, requested accommodations, took protected leave, or reported a workplace violation? If so, AI-driven retaliation is a real possibility — and SB 947 specifically prohibits employers from using automated tools to predict and punish workers for exercising their legal rights.

Talk to a California employment attorney. This area of law is evolving fast. An experienced wrongful termination lawyer can evaluate whether the AI tool used in your case may have produced discriminatory or retaliatory outcomes — and whether your employer violated existing protections under FEHA or the new ADS regulations.

The landmark case Mobley v. Workday, Inc. (N.D. Cal.) concerns AI-powered applicant-screening tools, not AI-driven firing decisions. In May 2025, the court conditionally certified a nationwide collective action under the federal Age Discrimination in Employment Act, and in 2026 it rejected Workday’s argument that the Act’s disparate-impact protections do not extend to job applicants. The case is still being litigated and no liability has been found, but the court’s rulings so far show that courts are taking AI bias claims seriously.

SB 947 Will Also Protect You From Retaliation

One of the most important features of SB 947 is its anti-retaliation provision. Your employer cannot fire you, demote you, suspend you, or retaliate against you in any way for asserting your rights under the law — including requesting information about how an ADS was used in a decision about you. These protections take effect July 1, 2027.

California’s existing anti-retaliation laws, including FEHA and the Labor Code, already protect you today.

This matters because many workers stay silent out of fear. They suspect something isn’t right, but they worry that asking questions will make things worse. SB 947 is designed to change that equation.

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This article is for informational purposes only and does not constitute legal advice. Every situation is different, and the laws discussed here may not apply to your specific circumstances.

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Frequently Asked Questions

Can my employer use AI to fire me in California?

Right now, there’s no blanket ban — but your employer can’t use AI in a way that discriminates against you based on protected characteristics like race, age, gender, or disability. That’s already illegal under FEHA. Under SB 947, which takes effect July 1, 2027, employers are also prohibited from relying solely on automated systems to make termination or discipline decisions, and they must have a real human independently verify any AI-driven recommendation before acting on it.

What is SB 947 and when does it take effect?

SB 947 is a California law signed by Governor Newsom on September 30, 2026, that regulates how employers use automated decision systems for discipline and termination. Its protections take effect on July 1, 2027.

What should I do if I think an algorithm got me fired?

Document everything — save any communications referencing performance data, automated monitoring, or system-generated scores. Request your personnel file. Then contact a California employment attorney who can evaluate whether the AI tool may have produced a discriminatory or unlawful outcome. The sooner you act, the better — important deadlines apply to employment claims, and an attorney can make sure you don’t miss them.

Does SB 947 cover hiring and promotion decisions too?

No. SB 947 focuses on discipline and termination decisions, not hiring or promotion. However, existing FEHA regulations that took effect on October 1, 2025 address the use of automated decision systems across a broader range of employment decisions, including hiring. If you believe AI was used to deny you a job or a promotion in a discriminatory way, you may still have a claim.

Can my employer retaliate against me for asking about AI in my termination?

Under SB 947, your employer is explicitly prohibited from retaliating against you for asserting your rights under the law — including requesting information about how automated systems were used. And even apart from SB 947, California already has strong anti-retaliation protections for employees who report potential workplace violations.

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Think AI May Have Played a Role in Your Firing? Get a Free Case Review.

If something about your termination doesn’t add up — if the decision felt automated, impersonal, or based on data you never saw — the employment attorneys at MPC Legal can help you understand your options. We represent employees throughout Los Angeles and California, and consultations are always free.

Contact us today for a free case review →