Losing your job unexpectedly can be one of life’s most challenging experiences, especially if the termination feels unjust or illegal. Understanding your rights and the steps you can take to contest a wrongful termination is crucial.
At PLBH, we specialize in guiding individuals through the complexities of wrongful termination cases, ensuring that your rights are protected and you’re informed about your legal options. Contact us now at (800) 435-7542 to request a free legal consultation.
Understanding Wrongful Termination
In the state of California, as in much of the United States, employment is generally considered “at will.” This means that employers have broad discretion to terminate employment at any time, for any reason—or for no reason at all. However, there are critical exceptions to this rule. It is illegal for employers to fire employees for reasons that violate federal or state discrimination laws, in retaliation for engaging in protected activities, or in violation of public policy.
Types of Wrongful Termination
- Discrimination: It is unlawful to terminate employment based on protected characteristics such as age (if over 40), race, gender, religion, disability, nationality, marital status, pregnancy, sexual orientation, identity and expression, or medical condition.
- Retaliation: Employees are protected from termination or other adverse employment actions when they engage in legally protected activities. These activities can include filing claims for wage and hour violations, discrimination, or harassment; reporting unsafe work conditions; or taking legally protected leave.
- Violation of Public Policy: Employees cannot be fired for reasons that society recognizes as illegitimate grounds for termination, such as whistleblowing, serving on a jury, voting, or fulfilling military obligations.
How PLBH Can Assist You
If you suspect that your termination was illegal, it’s essential to consult with an experienced wrongful termination attorney. At PLBH, we can:
- Review your case and help you understand whether your termination might constitute a wrongful dismissal under the law.
- Advise you on potential recourses, which may include reinstatement to your position, compensation for lost wages and benefits, and, in some cases, punitive damages against the employer.
- Represent you in negotiations, mediations, or court proceedings to ensure that your rights are fully advocated for and protected.
Immediate Steps to Take
- Secure documentation: Obtain a copy of your employee personnel file and any other relevant documents related to your employment and termination.
- Record important events: Make detailed notes about your hiring, promotion history, performance reviews, any instances of discrimination or harassment, and the circumstances surrounding your termination.
- Write down complaints: Ensure that any complaints made to your employer about discrimination, harassment, or unsafe work conditions are documented in writing.
Act Quickly
It’s important to act swiftly if you believe you have been wrongfully terminated. Wrongful termination claims are subject to strict time limitations, known as statutes of limitations. Failing to act within these time frames can jeopardize your ability to seek justice. Contact PLBH at (800) 435-7542 to request a free legal consultation.