Being let go from a job can be a nerve-racking and overwhelming experience, both for the person who is fired and for family members who rely on their support. It is only more stressful and confusing when the decision comes out of the blue with little or no warning.
“Why?” is often the first question for people who are suddenly fired. They tend to get little clarity whatsoever from their employers or find that the reasoning does not seem to make sense. That eventually prompts another question: Was it illegal?
Just because your firing was unfair does not mean it was illegal. Employers generally have wide leeway in deciding whom to hire and fire. There are some important limits on that power, however. Firing decisions cannot be retaliatory or a result of unlawful discrimination. That is generally called “wrongful termination.”
At Justice Law Corporation, our California wrongful termination lawyers help working people who have been ripped off or mistreated on the job. Our attorneys can help you determine if you have a wrongful termination or other claim and take action to enforce your rights. We are experienced lawyers who have a track record of success in court and through negotiated settlements.
Wrongful termination can be difficult to spot, especially for working people who show up one day and, all of a sudden, no longer have jobs. Understanding what is – and what is not – wrongful termination and how to prove it, is crucial for anyone considering their legal options after being fired.
‘At-Will’ Employment in California
California is an “at-will” employment state.
That means employers can fire workers at any time and for almost any reason, or for no reason at all. On the flip side, at-will employment means workers can up and leave at any time they choose.
At-will is the default setting across most of the country. For workers covered by collective bargaining agreements and in some public sector jobs, the standard for termination may be higher, including requirements such as “good cause” for firing.
For everyone else, the at-will standard gives employers considerable flexibility in deciding whether certain workers are a good fit. It does not, however, mean that anything goes.
Wrongful Termination: Discrimination
Federal and state laws in California ban employers from discriminating against job candidates and employees based on a number of characteristics. Unlawful discrimination can rear its ugly head in a wide range of scenarios, including hiring and firing decisions.
The state’s antidiscrimination laws cover bias related to these characteristics:
- Race or ethnicity
- Gender or gender identity
- Sexual orientation
- Religion
- Disability
- Age (40 or older)
- Pregnancy
- National origin
- Marital status
Employers who fire workers because of these characteristics violate the law. Employees who have been discriminated against on the job have the right to pursue their employers for reinstatement, back pay, and other compensation.
Wrongful Termination: Retaliation
Retaliation is at the center of many wrongful termination cases.
Employers cannot fire workers or take other action against them in order to punish them for engaging in lawful activity on the job. That includes:
- Reporting harassment or discrimination
- Reporting wage violations or unpaid overtime
- Taking legally protected medical leave
- Filing a workers’ compensation claim after an injury
- Reporting unsafe working conditions
- Participating in a workplace investigation
The legal protections against retaliation are crucial to workers’ rights. They give working people the power to speak up, take action, and help coworkers without fear of punishment from their bosses.
Retaliation can take a wide range of forms, but these are some of the most common.
- Firing
- Demotion
- Pay cuts
- Hours reductions
- Assignment changes
- Scheduling changes
- Poor performance reviews
- Denial of benefits
- Sudden enforcement of existing policies
Any materially adverse action that could dissuade a reasonable person from asserting their rights on the job can be retaliation.
Proving Wrongful Termination
Discrimination and retaliation can be difficult to spot in some situations.
Employers often try to justify firings and other actions by citing factors that, on their face, are unrelated to retaliation. Even when the motive is clear, wrongful termination claims based on retaliation require proof to convince a judge or jury that a firing was unlawful. That can be tough when employees are fired without warning and escorted out of workplaces immediately.
That is where we come in. A California wrongful termination lawyer at our firm can help you gather the evidence to support your claim and establish that you were retaliated against for speaking up on the job.
Employers rarely admit they fired someone for an unlawful reason. Instead, they often claim the termination was due to performance issues, layoffs, or restructuring.
Wrongful termination cases often rely on circumstantial evidence, or facts that suggest the employer’s explanation is not the real reason for the firing. The timing of a decision is often key: firings that come shortly after workers engage in protected activity may suggest retaliation. Evidence that other workers were treated differently in similar situations can also go a long way to proving a retaliation claim.
Our California Wrongful Termination Lawyers Can Help
If you believe that you were unlawfully fired or laid off from your job, you do not need to go it alone.
A California wrongful termination lawyer at Justice Law Corporation can help you evaluate your claim and understand your rights and options. We have a strong track record of optimal results through verdicts and settlements for the people that we represent.
Our office is conveniently located in Pasadena. Contact us at (818) 230-7502 to schedule a free consultation with a California wrongful termination lawyer.
