Being fired from your job is never easy. The financial uncertainty that comes with it may even take a toll on your mental wellness.
If you were wrongfully terminated, then you’ll be delighted to know that there are legal recourses available under the law for you to pursue. You may file a wrongful termination lawsuit against your employer. However, you first need to understand what constitutes unlawful termination before taking further action.
What is wrongful termination?
California is an at-will employment state. It means that in the absence of a contract, your employer can fire you virtually at any time. Nevertheless, it does not mean that you have no rights as an employee. Wrongful termination arises when your dismissal goes against the state’s statutes, regulations and constitutional provisions. For instance, if your job termination was based on discrimination of any kind, that may amount to wrongful termination.
Instances of wrongful termination may include:
- A same-sex employee being fired for bringing their spouse to a company event
- An employee was let go because she became pregnant
- Dismissal as a form of retaliation, such as for reporting workplace harassment
In most instances, employers will falsely accuse you of something to fire you since they usually know what the law says regarding unlawful termination. If you think you are a victim of wrongful termination, it is worthwhile to go through your case in detail and have clear counterarguments against the reasons for the dismissal that your employer provides.
For instance, if they say you were absent most of the time or were largely incompetent, you can refute those allegations by providing proof of punctuality or using client recommendations or past reviews on your performance that indicate otherwise. In the end, getting the justice you deserve is what matters most, and learning more about what the law says about wrongful termination will put you in a better position as you’re determining what course of action to take.