Losing your job can be devastating, but being fired unlawfully adds another layer of stress. If you suspect your termination violated your rights, it’s crucial to understand the signs of wrongful termination and how to protect yourself. This guide explains what wrongful termination is, common warning signs, and the steps you should take if you believe your employer acted unlawfully.
What Is Wrongful Termination?
Wrongful termination occurs when an employer fires an employee in violation of federal or state laws, employment contracts, or workplace policies. While California is an “at-will” employment state—meaning employers can terminate employees without cause—there are exceptions to this rule. Firing an employee for discriminatory reasons, retaliation, or in breach of an employment agreement is unlawful.
Common Signs of Wrongful Termination
Identifying wrongful termination can be challenging, as employers may not explicitly state their motives. Below are some signs that your termination may have been unlawful:
1. Discrimination
It is illegal to fire an employee based on protected characteristics, including:
- Race, color, or national origin.
- Gender, sexual orientation, or gender identity.
- Religion.
- Age (if over 40).
- Disability or medical condition.
If you suspect your termination was influenced by one of these factors, it may qualify as wrongful termination.
2. Retaliation
Employers cannot fire employees for engaging in protected activities, such as:
- Reporting workplace harassment or discrimination.
- Filing a complaint about wage and hour violations.
- Participating in an investigation or legal proceeding.
If your termination occurred shortly after engaging in these activities, it could be retaliatory.
3. Violation of Public Policy
Terminating an employee for refusing to engage in illegal activities or exercising legal rights—such as taking medical leave under the Family and Medical Leave Act (FMLA)—is unlawful.
4. Breach of Contract
If you had an employment contract that outlined specific terms for termination and those terms were not followed, your firing may breach that agreement.
5. Hostile Work Environment Before Termination
A sudden increase in hostility, unfair performance reviews, or harassment leading up to your termination may indicate your employer was building a case to justify an unlawful firing.
Steps to Take If You Suspect Wrongful Termination
If you believe you were wrongfully terminated, taking the right steps can strengthen your case and help you seek justice.
1. Request a Termination Explanation
Ask your employer for a written explanation of the reasons for your termination. This document may reveal inconsistencies or provide evidence of unlawful motives.
2. Document the Circumstances
Record key details surrounding your termination, including:
- Dates and times of conversations.
- Names of individuals involved in your firing.
- Any emails, performance reviews, or other documents that could support your case.
3. Review Your Employment Contract
If you had a written employment contract, review its terms to determine whether your termination violated the agreement.
4. File a Complaint With a Government Agency
Depending on the nature of the violation, you can file a complaint with:
- California Department of Fair Employment and Housing (DFEH): For discrimination or retaliation claims.
- Equal Employment Opportunity Commission (EEOC): For federal-level discrimination claims.
- California Labor Commissioner: For wage-related violations or public policy claims.
These agencies investigate claims and can take action against your employer.
5. Consult an Employment Attorney
An experienced attorney can evaluate your case, gather evidence, and advise you on the best course of action. They can represent you in settlement negotiations or court proceedings to pursue damages or reinstatement.
Protecting Yourself From Retaliation After Filing a Claim
It is illegal for employers to retaliate against employees who file claims or report workplace violations. If you experience retaliation after initiating a claim, document the behavior and notify your attorney or the relevant agency immediately.
Wrongful termination is not only unfair but also unlawful. If you believe you were terminated in violation of your rights, PLBH is here to help. Call (800) 435-7542 to schedule a consultation and take the first step toward holding your employer accountable.