The employment law in California gives employees the right to work on an at-will basis. That means, employees can choose to work where they want and leave their place of employment at any time for any reason or without any reason. Similarly, their employer has the legal right to fire them from their job at any time, with or without cause.
However, there are exceptions to the at-will basis, and if your employer has violated these exceptions, you may have a case for wrongful termination. If you have been fired and feel wronged, you can search on the Internet for “wrongful termination lawyer Los Angeles” to find legal representation in your area.
What to do about wrongful termination from your job?
If you feel your job termination was wrongful, you can do the following:
Know about your legal rights
Even with the at-will basis employment in California, it can be illegal for an employer to fire an employee for the following reasons:
• Discrimination: Your employer cannot fire you on account of your skin color, age, gender, sexual orientation, race, ethnic origin, national origin, religion, disability, marital status, and so on.
• Retaliation: Your employer cannot fire you from your job or retaliate against you for reporting safety violations, illegal activities, unethical practices, and workplace harassment.
If you have a work contract that specifies the circumstances under which the company can fire you, your employer cannot violate these terms. It is wrongful termination if they do.
Consider the circumstances of your firing
It will help to take some time to go over the circumstances that led to your job termination. Here are a few things to consider:
• Did your employer ever make discriminatory remarks or act in a discriminatory manner against you?
• Were you ever taunted or made to feel uncomfortable due to your disability, pregnancy, or health condition?
• Did you ever experience workplace friction due to your age, gender, race, nationality, or religion?
• Did you ever complain about or file a formal complaint against illegal practices, harassment, or hazards in the workplace?
• Did you insist on exercising your legal right to go on eligible leave, take work breaks, or vote?
• Were you about to retire and receive retirement compensation?
• Were you about to receive a company stock option?
Gather relevant evidence
You require verifiable evidence to show that your employer has terminated you wrongfully. It can consist of emails, text messages, chat messages, voice messages, video calls, or notes. You can also use photographs and witness testimonials that support you. Additionally, you want to get your work records to show that your work attendance and performance have been on par with the employer’s requirements.
Read your work contract
Read your work contract carefully and highlight why your employer can legally fire you. For example, the contract might state that your employer can terminate your employment with them for professional incompetence, gross misconduct, or financial fraud. If you have given them no cause to fire you in any of these instances and they still fire you, it is a case of unlawful termination.
When should you talk with a wrongful termination lawyer?
You can search online for “wrongful termination lawyer Los Angeles” to find a competent lawyer and get informed about your legal position and whether you have a claim against your employer. Many lawyers will offer a free initial consultation during which they will assess your situation and the evidence you possess and let you know if your case has a legal basis. If they agree to represent you, they will investigate the matter and ask your employer for a settlement. They can also file administrative charges or a lawsuit.
Even if you decide to move on after being fired, it can still help to consult a lawyer to ensure that you are not giving up any legal rights that could benefit you. For instance, getting legal advice is crucial if the employer stipulates that you can receive a severance package only after signing a waiver or release of claims. The lawyer will be able to advise you if the employer is offering you less than what your claim is worth and can help you to negotiate a higher severance package.