If you have been fired from your job, you may have a lot of questions. Was it legal for my employer to fire me? What happens next? Knowing your legal rights may help you get your job back or sue your employer for wrongful termination.
Looking for a wrongful termination attorney? At Hardin & Lott, we can represent you in a case against employers who may have terminated you for an unfair reason, as per California’s employment or anti-discrimination laws. We help you better understand termination laws. Call or send us an email to get in touch with an expert lawyer for wrongful termination.
At Will Employees
If you believe that you have been wrongfully terminated by your California employer, the first issue to address is whether you were an “at will” employee. At will employees may be terminated at any time, for any reason, as long as the reason is not illegal. While you can check your offer letter, employment contract, or other human resources documents for information about your status, this information is often not available. Of course your employer will try to claim that you are an at-will employee, but, as we can attest, that is not always the case.
A second way to prove you are not an at will employee is by looking at what your employer said or did to “imply” you were promised continued employment. If the wrongful termination case goes to court, a judge might look at the history of your employment relationship, such as how long you worked for the employer, what your performance reviews were like, how often you received promotions, and whether there were promises that you would continue working there. If you can show you were not an at-will employee and that you were fired without cause, you may succeed in a wrongful termination claim.
Examples of Wrongful Termination
The reasons an employer can wrongfully terminate an employee are many. Examples of wrongful termination include:
- Physical disability (FEHA or ADA)
- Mental disability
- Use of Family Medical Leave (FMLA or CFRA)
- Religion or religious practices
- Sexual orientation (i.e. homosexual, bi-sexual, etc.)
- Gender identity (i.e. transgender, etc.)
- Pregnancy or maternity leave
- National origin
- Political affiliation
- Retaliation for workplace health and safety complaints
- Retaliation for complaining about unpaid wages or other Labor Code violations
This list is not exhaustive. Contact our offices to learn more about ways a Califoria employer can wrongfully terminate an employee.