Updated: Mar 4
You may have a legal claim in California if you were wrongfully terminated
Yes, you can sue your employer if you've been wrongfully terminated. Yet, you need prove that your employer violated labor laws, and you need to assess how strong your argument is.
I was fired for no reason at all, now what?
Many times when a company has a good excuse to fire an employee, people try to sue for being fired. Not every termination is illegal. Here's a fundamental rundown on whether you might possibly sue for wrongful termination.
If your boss commits any of the following acts, you will be able to sue for wrongful termination:
Infringement of your work contract
Retaliation against a complaint or whistleblower
Nationality discrimination or for having an accent
You can settle outside of court or present the case before a judge if you plan to bring a lawsuit. Many considerations go into each case, so it's the safest first step is to meet with a California employment lawyer for a FREE case analysis.
Jobs at-will: reasons why you might be fired
Jobs at-will indicates that your boss does not need an excuse to fire you. They do not need to give you warning as well. An at-will worker may be let go at any moment as long as the justification is not unconstitutional.
For example, you may be fired for any of the following reasons:
Infringement of your work contract
Bad work results or performance feedback
Employee agreement breach (anything listed in the employee handbook)
Misconduct or acts that are unprofessional (such as being late, absences, not being a team player, damaging property, etc.)
Stealing from your work or any other crime like being under the influence.
Assault or sexual harassment or bullying your co-workers
There are only a few cases of persons getting shot. Know that an employer will dismiss you for something that is not illegal for at-will jobs, because while they can't fire you for the color of your skin, they might theoretically fire you for your hair's (unnatural) color.
You got terminated for no reason at all?
Before being dismissed, employees may be entitled to a due process hearing. At-will employees in California, though may be dismissed without:
A formal conversation
A meeting with human resources
Many employees in California want to unionize for this reason. If a union delegate is terminated or expelled, this secures access to arbitration or mediation. You might be able to prove that your boss discriminated against you or retaliated against you or are otherwise behaving unlawfully, depending on the precise circumstances of your work termination. Speaking with an employment attorney about your specific case is still a smart thing to understand whether you have an unfair discharge lawsuit.
What counts as wrongful termination?
There are many unconstitutional grounds for dismissing an employee, and they may be the reasons for an unlawful termination suit. You will be entitled to appeal if you believe that you have been dismissed based on bigotry or revenge.
1. Discrimination against employees is against the law: It is prohibited for both public and private employees to discriminate on the grounds of color, gender, religion, and national origin. Federal regulations also make it unlawful for employers to discriminate based on gender identity or sexual orientation. The covered class and prejudice rules are simple, and to see if you have an argument, you should check the condition under the legislation.
2. Prejudice because of a disability: The Commission on Equal Employment Opportunity (EEOC) is trying to give everybody a decent shot of employment. The Americans with Disabilities Act, has many protections against losing your job. Based on petitions for accommodation or disabled status, this Act forbids firing an employee.
Often, genetic evidence is not a basis for terminating anyone or refusing them health care. The 2008 Genetic Information Nondiscrimination Act (GINA) forbids genetic information being used as a reason to deny benefits, demoting or terminating an employee.
3. Revenge: An employer cannot not terminate an employee from participating in a protected action. Such practices include whistleblowing, making discrimination allegations, and establishing a union. It is against the law in California to discriminate towards an employee for engaging in one of these actions. You cannot not be fired for complaining about sexual harassment or reporting it.
When Can You Sue for Wrongful Termination?
You may file a case immediately, or under the statute of limitations, usually two years, at any time.
How to Prove Wrongful Termination in California?
The sooner you report your wrongful termination claim, the more likely you are to have evidence and proof of a wrongful termination. Solid documentation, such as correspondence, witness testimony, performance reports, reported meetings, and more is needed to prove wrongful termination.
It can be impossible to track down retired personnel, paperwork, and records on what contributed to wrongful termination if you take too long. Don't let a lack of proof deter you from filing a wrongful termination lawsuit. Your employment attorney will review the severity of the argument as long as you have any evidence.
To prove wrongful termination, you should:
Gather copies of emails and records (don't worry: a prosecutor will sue a company to release these files at a later date)
Take notes: dates, persons, statements, meetings, observers, etc.
Ask colleagues if they are prepared to make a comment about the case.
Save all your pay-stubs if you have been under paid.
How Do I Request An Unbiased Referral To A Pre-Screened, Ethical Wrongful Termination Attorney In Los Angeles?
You can submit a request online 24 hours a day. Free case review within 15 minutes.
By calling the 24-hour lawyer referral hotline at 1-661-310-7999