Being fired or laid off from your place of employment is something that most people will experience at least once within their lifetime. California is an “at will” state when it comes to employment. What this means is that your employer does not need a reason to release you from your job. However, it is illegal for them to fire you for certain reasons, including retaliation or discrimination. This guide will give you step-by-step instructions on what you should do if you end up being wrongfullly terminated from your employment.
Step 1: Stay Calm and Take Time to Process What Happened
Losing a job can be an emotional experience in the best of circumstances. Losing a job due to being wrongfully terminated can be 10 times worse. It is important that victims of wrongful termination take a moment in order to process their thoughts and assess the situation in a calm and reasonable manner. During this period, it is important to avoid making any emotional or impulsive actions that could end up negatively impacting your case.
Step 2: Request to Receive a Termination Letter
It can be useful to ask your employer to write a letter that explains the reasons for your termination. This can help clarify the reason that you were let go. It can also serve as evidence down the road if your employer’s reasoning is questioned at a later date.
When employers fire workers for discriminatory reasons, they will never be upfront about what they’re doing because they know it is wrong. They will typically create some pretense for their decision. Because these pretenses are often entirely made up, employers will tend to have a difficult time keeping their story straight in a legal challenge.
Step 3: Review Your Company Policies and Employment Contract
When you’re hired at a new company, you will typically be given an employee handbook or contract that lays out company policy. It is always a good idea to review these documents for any clauses related to termination procedures, severance, or grievance arbitration . It is common for companies to violate their own policies with respect to termination arrangements.
Step 4: Document Everything That You Can
If you’ve been wrongfully terminated from your position, it is essential that you document as much as you possibly can. There are a number of key details that you should document.
- Document key details related to important dates.
- Document key details related to conversations that you had.
- Document all the emails related to the termination or misconduct on the part of your employer leading up to the termination.
- Document any discriminatory actions taken by your employer.
In addition to documenting all of these things, it is also a good idea to save any performance reviews that you received. These reviews can help show that you were in good standing at the company if your employer tries to claim otherwise.
Step 5: Look for Signs of Wrongful Termination
It is always worthwhile to look for signs that a wrongful termination may have taken place. These signs can often be subtle.
- Was the termination possibly due to some type of discrimination? Employers are not allowed to discriminate on the basis of gender, age, race, disability, or religion.
- Was the termination the result of reporting some type of misconduct or whistleblowing?
- Did the termination violate a public policy or some type of written or implied contract?
If there are signs that your termination was the result of retaliation, discrimination, or contract violation, it is always worthwhile to investigate further.
Step 6: File a Complaint With a Government Agency
It’s important to remember that you are not alone if you’ve been the victim of a wrongful termination. You can begin to take action by filing an official complaint with the correct government agency. Employees should contact the California Department of Fair Employment and Housing (DFEH) for discrimination-related claims. Employees should contact the Equal Employment Opportunity Commission (EEOC) for federal discrimination claims.
Step 7: Consult an Experienced Employment Lawyer
If you suspect that you’ve been the victim of a wrongful termination, it’s a good idea to contact an experienced employment lawyer. They can evaluate the unique facts of your case free of cost and give you an informed opinion about the strength of your claim. They can also help you understand what your rights are in your particular situation and whether or not you may be entitled to compensation.
Getting Legal Help After Wrongful Termination in California
Wrongful terminations remain quite common, despite the extensive legal protections that California workers possess. One of the best ways that you can protect your rights after a wrongful termination is by consulting with and hiring an experienced wrongful termination lawyer. They can investigate the unique facts of your case free of cost and let you know if you have a claim that can actually be pursued.If you’ve been the victim of a wrongful termination, you may have legal recourse. Our team of experienced labor law attorneys at The Labor Champ is here to serve your needs. We care deeply that workers are aware of the rights and that employers are held accountable for their illegal actions. You can rest assured that we will do everything in our power to help get you the financial support that you are entitled to under the law if you’ve been the victim of a wrongful termination. Contact us today for a risk-free consultation at 949-727-9300.
