California is an at-will state like many others in America. An at-will state is a state where you have the right to quit your job at any time for any reason, or even for no reason at all. Your employer also has the same right to terminate your employment for any reason or for no reason at all. This can make it a little difficult to know if you may have a wrongful termination case when you don’t agree with your employer’s decision to terminate.
They often throw around that “at-will” term in hopes that you will not pursue a legal claim. They may even try to muddy the waters and keep you confused enough to just drop the entire issue. There are established federal and state policies regulating employment in any industry and those policies should be followed by your employer. When they deviate from such policies, you may have grounds for a wrongful termination claim.
Here’s what you need to know.
What constitutes wrongful termination?
Illegal termination laws are similar in every state. It mainly involves being terminated for discrimination, harassment, or retaliation. For instance, if you decide to make a whistleblower claim against your employer for defrauding the United States government and your employer terminates your employment in retaliation to your actions, that is a wrongful termination. There are also other types of illegal termination, but they are typically add-ons to one of these 3 claims.
For example, if your employer decides to terminate you because of a medical disability even though you have performed well, then you likely have a claim for disability discrimination under the California Fair Employment and Housing Act (FEHA). The caveat is that you will likely have an additional claim for wrongful termination because it is against the law to fire someone because of a medical disability.
What about breach of contract?
If you have a written employment contract, then both you and your employer should adhere to the terms of your employment contract. Your employment contract should outline acceptable reasons for termination. If your employer terminates your employment without notice in violation of your written employment contract, then they may be guilty of breach of contract.
Gather Evidence When Possible
It helps to gather any potential evidence to prove your claim when possible. Of course, it is essential that no laws are broken, and you are not in violation of any company policies to secure such evidence. However, this typically is not a problem. If your employer says that you were terminated for being habitually late, it may help to get copies of your time records showing that you were on time consistently. Take this evidence with you when you go to consult an attorney about being wrongfully terminated.
Partner with Experienced Employment Law Professionals Today
If you feel you were wrongfully terminated, seek the counsel of skilled attorneys who specialize in employment law today. They will listen to your story and look over your documentation to determine if you have a viable claim worth pursuing. Experienced employment law attorneys will help you build your case to recover the damages you so rightfully deserve from your former employer. You don’t have to go through this alone. Partner with employment law attorneys who will evaluate your case and help you take the next steps toward recovering financial compensation for your wrongful termination.
