As an employee, you know how important it is to have an understanding of your rights. When you know your rights, you will be in a better position to protect yourself and know when you have experienced a violation of those rights. This is particularly important in the event that you lose your job. While employers generally have discretion over the hiring and firing of employees, there are times when employees could be the victims of wrongful termination.
You will benefit from an understanding of what counts as wrongful termination. If your employer fires you for reasons that are illegal or against employment laws in your state, you do not have to remain silent. You may have grounds to pursue compensation for what you experienced, but it will first be important to learn about wrongful termination and what actions are grounds for legal recourse.
Know why your employer fired you
Firing an employee is wrongful termination if there is evidence that the employer made this decision in violation of the employee’s contract or in violation of employment laws. It is often difficult to determine if wrongful termination occurred since the employer typically has the right to fire employees at-will, but the following are common examples of wrongful termination:
- Termination for discriminatory reasons — This includes firing someone because of his or her gender, disability, age, religion and other factors.
- Retaliation — This includes firing someone for engaging in protected activities, such as acting as a whistleblower, filing a workers’ compensation claim or taking permitted medical leave.
- Violation of employment contract — This includes firing an employee in direct violation of his or her employment contract or an oral promise from the employer.
Victims of wrongful termination in California are often unsure of what their rights include and how they can take action against their employer. Employment law concerns are complex and often confusing, but you do not have to navigate them on your own.
If you believe you have a valid claim against your employer, you do not have to remain silent. You may benefit from taking action as soon as possible, starting with an understanding of the legal options available to you. Through the civil justice system, you can pursue justice and seek to hold your employer accountable for the effects of the wrongful termination you experienced.