“What the ^$#&^%* just happened?!” Most anyone who’s ever been fired can relate to this.
So you were just handed your “pink slip,” or in more elegant terms separated from your employment. After the initial shock and anger wear off, it’s time to determine if your termination was legal or not. Here, I will explain the basics of wrongful termination.
First and foremost, let’s shed a little light on wrongful termination, or wrongful discharge, as it applies to California law. California is what is called an “at will” state. This means your employer can fire you at anytime and for any reason or no reason at all, BUT, you are still protected by several labor laws from being fired, including unlawful reasons such as discrimination, whistle blowing or harassment.
I have compiled a list of TRICKS employers sometimes use when attempting to get away with firing an employee illegally.
How do I know if I was wrongfully terminated?
Does any of this sound familiar?
“I was recently diagnosed with a brain tumor and my company seemed to be working with me through this tough time, but with the new healthcare laws, my company’s expense could be raised considerably due to this new illness. I was the only full-time employee with benefits, and was fired after 15 years of exemplary service with no other reason given.”
This case could be cause for a discrimination and/or Wrongful Termination suit.
Wrongful termination is clearly defined in the Fair Employment and Housing Act (FEHA). In basic terms, causes for wrongful termination can include obvious misconduct by the employer such as being fired due to pregnancy or injury, or just being laid off without following the company policy as illustrated in the company handbook.
Sure, everyone FEELS wronged when they get fired, but if your boss truly acted in an unethical manner the California Labor Code has laws to protect you.
Termination cases can involve California as well as federal labor laws so it can be complicated, but don’t let that deter you. We know the law very well and we are here to help you.
Many of these cases will encompass discrimination and/ or harassment as well. We always carefully dissect each case to get the whole picture. It is easy to imagine that an employer who breaks one law, is likely breaking others as well. In some larger companies, we find that there is an institution of “bad behavior” by management that warrants us filing a Class Action case.
Here is another example:
“I worked for several years with my company, but was frustrated by the constant harassment from my team and finally reported my boss to the Human Resources Department. It didn’t take long before my boss was disciplined for not addressing my earlier complaints. Shortly after he got in trouble, he fired me with no cause, in retaliation.
Take a look at some new California wrongful termination laws here.
In this example, Jenny may be protected under multiple laws including, harassment, retaliation protection and whistle blower laws in addition to wrongful termination.
Does any of this sound familiar? Do you think you may be the victim of retaliation?
Call NOW! We will review your case for free. You have a limited time to file your complaint under CA law so act quickly.
What should your boss be doing? Learn more here:
California Wrongful Termination Law
Further information on Wrongful Termination