There is perhaps no other type of legal issue that causes more misinformation than that devoted to what determines a wrongful termination. Many employees incorrectly believe that they have a case when their employers were well within their rights to let them go.
The laws overwhelmingly favor the employers being able to hire and retain those employees that they feel are the best fit to represent their companies. But — and there is always a but — employers may not discharge their employees for illegal reasons under the law.
Some of the common illegal reasons an employee can be fired include the following:
- Employment was terminated as part of sexual harassment
- They were fired for reasons that violate California or federal anti-discrimination laws
- Their termination violated collective bargaining or other labor laws
- They were filed for filing a claim or making a complaint against their employers, e.g., whistleblowers
- The firing violated written or verbal employment laws
If you suspect but are not sure that you were wrongfully terminated, it's a good idea to consult with a California employment law attorney who can review the circumstances of your employment and termination. Then, he or she can advise as to whether your case has legal standing to proceed.
If you are about to be fired but are still employed, an attorney can also assist you with negotiating a better severance package, but you need to act fast. It's a good idea to reject first offers and always get offers in writing. Also, in many cases, it may be more strategically advantageous to decline offers to resign in lieu of termination.
Source: FindLaw, "Wrongful Termination Claims," accessed Nov. 17, 2017