What is Considered Wrongful Termination?

Most people will experience a job termination at some point in their life. The company may downsize or they get laid off, or they are “let go” for some other reason, one that is not legal.

The question then becomes how do you know what wrongful termination is? It sometimes takes some time and thought to decide if your termination from employment was on the up and up. This is one of the biggest reasons that you should have an employment attorney on your side.

We’ve put together a little guidance to help you determine wrongful and rightful termination. It does not take the place of a good lawyer, but it is a step in the right direction.

What is Wrongful Termination in The State of California?

When a worker is laid off or fired for a reason that is illegal or improper, it is called wrongful termination. Often, it is pretty straightforward and you know pretty quickly that there is something wrong with your termination. Other times, you may have no idea at all that your employer did something illegal and harmful to you.

The grounds for a wrongful termination claim are vast and varied. They depend greatly on circumstances. However, here are seven that are the most common grounds for filing a claim for wrongful termination:

  • Discrimination based on race, gender, disability, etc.
  • Reporting FEHA violations
  • The employer has WARN Act violations
  • Contract violations implied by the employer
  • Filing a claim for worker’s compensation
  • The employer has public policy violations
  • Whistleblower activities
  • Reporting a work injury

Keep in mind, there are many more grounds for wrongful termination and if you have been fired or laid off but it feels wrong or you suspect the termination was wrongful, talk to an employment law attorney right away.

What is Rightful Termination in California?

California is an “at-will” state, meaning that at any time the employer as well as the employee may choose to end the working relationship. They can do so without notice. This makes rightful termination fairly easy because as long it doesn’t fall under any of the grounds for wrongful termination of an employment claim, it is legally sound.

California protects workers from being terminated wrongfully. An employer can’t fire an employee for being a certain age or gender – or any number of other reasons. However, they can fire you if there is misconduct involved. They can fire you for not performing your job tasks or for missing too much work. But at the end of the day, under California law, they don’t have to give you a reason for why they fired you. They can just do it.

When is it time to Get an Attorney?

If you feel you have been fired unfairly in California and you feel it is due to discrimination or you were a whistleblower and you believe that a termination is a form of retaliation against you, then you may have a case for a wrongful termination claim.

If you suspect that you have been wrongfully terminated, then you need to hire an attorney. Don’t wait until you are far into the claim and you find that you are having trouble or you can’t get pertinent information or documentation.

Don’t wait until you absolutely, positively need an attorney for your claim, do it beforehand. Your attorney will help you navigate the sometimes complex process and help ensure that justice is done. They will protect your interests and fight to get you a favorable outcome.

If you have experienced wrongful termination for workplace retaliation in California – or any inappropriate matter, call the law firm that cares. Call us and get the justice that you deserve.

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