Have You Been Fired?
You may be scratching your head and asking, “Was I fired illegally?”
Ok, so you may have just gotten the dreaded “pink slip” or in other words, have just been separated from employment. Once the initial shock and anger subside, it is time to examine what happened and if you might have been unjustly let go. Not only am I going to explain the ins and outs of wrongful discharge, but I am also going to give you some little know secrets and strategies for trying to prevent being fired.
Wrongful Termination 101
First, let me shed some light on wrongful termination, (also known as wrongful discharge) in California. While California is an “at will” state meaning you can be fired or choose to leave at anytime for any reasons or no reason. There are laws to protect you from being unfairly fired.
Here are some COMMON TRICKS employers use to set up employees for a potential wrongful termination.
So was it wrongful termination? Sometimes, it is easier just to take a look at an example:
John was diagnosed with a brain tumor a month ago, and with the new healthcare laws, the company’s expense will be going up considerably due to this new illness. If the company fires John or otherwise discriminates against him, this could be cause for a discrimination or Wrongful Termination case.
The Definition of Wrongful Termination
The law defines wrongful termination as being fired or let go for unjust causes and these causes are laid out in the Fair Employment and Housing Act (FEHA). Generally speaking, causes can range from clear employer misconduct such as firing you for becoming pregnant or injured, all the way to being laid off without following the company handbook or guidelines.
Let’s face it, everyone feels wronged when they get fired, but if you were let go for unethical reasons it may be a quasi criminal offense and you may have protections under the California Labor Code.
These cases are complex and deal with both CA labor laws and federal labor laws so there are many puzzle pieces to put together. That’s why we’re here. We will help you find your way through this process and be your advocate every step of the way.
Other Related Violations of Employment Law
Certain cases can easily cross over into a discrimination or even a Harassment case. This is why we examine each case very carefully. In most cases, an employer who is breaking one employment law may be breaking others. In the case of larger companies where numerous employees are harmed by the same bad acts of employers, the filing of a Class Action case may be the appropriate course of action.
Take a look at another example:
Jenny worked for several years with her company, but was frustrated by harassment from the team she worked with and finally reported her boss to Human Resources. As a result, her boss was disciplined for not addressing her complaints and he fired Jenny in retaliation. Take a look at some new California wrongful termination laws here.
In this example, Jenny may be protected under multiple statutes relating to harassment, retaliation protection, whistle blower laws and wrongful termination.
Does this story ring true for you? Were you dismissed in retaliation or unfairly let go? Contact us now for an evaluation of your case. As always, it will cost you nothing to find out if you have a case, but your time to file a complaint is limited so DONT WAIT!
See what your boss should be doing: