All About Wrongful Termination Claims

Being fired from a job can be a serious setback in your life, both professionally and personally. California is what is known as an "at-will" employment state, meaning that employees can leave a job whenever they would like. It additionally means that an employer can fire an employee for almost any reason-but there are some situations where the California Labor Code may dictate that the termination was wrongful, and the employee can be penalized in a variety of ways for this action. 

If you believe that you were wrongfully terminated from a position, one of your first steps should be to contact an employment lawyer, like the litigation team at Rubin Law. Your lawyer will be able to go through all of the relevant details of the situation and ultimately determine whether or not you have a case, and what to do about it next. Take a look below to learn some general information about how wrongful termination claims work.

Even An At-Will State Has Protection From Termination

An employer in an at-will state has a wide range of things that they can let an employee go for, but they are unable to fire someone for reasons that are protected under either state or federal discrimination laws, any termination that violates an existing employment contract, as retaliation, and a variety of other reasons (either overt or underlying) that you and an attorney can explore in greater detail. 

If you believe that you were terminated from a position for any reason that violates your legal protections, the next step is to collect all documentation of the situation that will help you build a case against your former employer. You will use this documentation in your wrongful termination claim. 

What Is a Wrongful Termination Claim?

If you believe that your termination violated any of the legal guidelines set forth by the federal government, the California Statutes, or your local jurisdiction, then you can file a civil claim against your former employer in court. This claim will set out the circumstances surrounding your discharge, and will lay out the reasons that you believe your firing violates these laws and guidelines. The best way to ensure that you are increasing your chances of a positive outcome is by working with an experienced attorney.

Examples of Wrongful Termination in California

Each situation is specific to all of the details surrounding it, but there are a few overarching situations that are illegal under local, state, and federal guidelines. They including things like:

- Discrimination against an employee for things like sexual orientation, race, gender, nationality, religious beliefs, or other protected characteristics.
- Retaliation against an employee for whistleblowing on illegal activities, reporting inappropriate behavior to a superior, or being involved in an investigation after making a discrimination claim.
- Firing an employee who refuses to engage in illegal activities.
- Violating company procedure or contract agreements during the process of termination, including things that go against company handbook guidelines or terms of an employment contract.

Your Employment Contract Is an Important Reference

After being terminated from a position, it is strongly suggested that you refer to your employment contract in order to understand whether or not the situation was legal surrounding your departure. If you have a contract that states you can only be terminated for cause, then this contract will supersede any state laws about at-will employment. 

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