Wrongful termination. These two words can do much damage to a business if a former employee proves that his/her firing was illegal.
And yet there are so many myths and misconceptions revolving around these two words. “How can you possibly NOT understand wrongful termination? Wrongful clearly means unfair!” one might think.
But it’s not that simple.
You see, each and every state defines wrongful termination differently. Meaning: while you can pursue a wrongful termination claim against a company that fired you for expressing your political views in Los Angeles, it won’t work in most other cities of our country.
That’s because under state law in California, there are statutes that protect your right to express your political views in the workplace. Most other states, meanwhile, have no such statutes.
Here at the Kaufman Law Firm, we understand the importance of making wrongful termination less ambiguous and confusing. After all, nobody wants to pursue a claim that is doomed to fail.
That’s why it’s vital to know what wrongful termination is and isn’t.
Any termination that seems unfair or unreasonable amounts to wrongful termination.
Wrong. Under state laws in California, the dominant legal principle is employment-at-will, which means if you were hired on an at-will basis, you can be fired anytime and for any reason or no reason at all.
Unless you have an employment contract signed between you and your employer, you can actually be legally fired for any reason, even for being left-handed.
My boss in Los Angeles said outright that he fired me simply because he “didn’t like me.” I can clearly file a wrongful termination lawsuit, right?
As mentioned above, if you’re an at-will employer, you can be fired for any reason, even for chewing gum or smelling bad.
However, federal and state law in California puts certain exceptions to the general ‘at-will’ employment termination rules.
If you were booted out because of your race, religion, sex, age, disability, medical condition, marital status and other discriminatory reasons, you can pursue a wrongful termination claim in Los Angeles.
There is no way to prove that I was fired in retaliation for exposing illegal practice in the workplace.
In fact, there is. This past July, a former Wells Fargo mortgage banker in Los Angeles filed a wrongful termination lawsuit claiming the bank engaged in fraudulent business practices.
Federal and state law in California protects whistleblowers (employees who report wrongdoing or misconduct within an organization) against retaliation.
My former boss fired me because I publicly admitted to voting for Donald Trump. I guess he was a Hillary Clinton supporter. But that’s my fault anyway, I shouldn’t have said anything.
Wrong. It doesn’t matter if you voted for Trump, Clinton, Santa Claus or an alien – you’re free to express your political views in the workplace without fear of punishment.
But this is only true if you live in California, Louisiana, South Carolina and Connecticut, as these four states have statutes that protect your right to express your political views.
Other states also offer certain protections for endorsing political campaigns or attending political rallies, but you’ll have to consult a wrongful termination attorney to know if your case amounts to wrongful termination.
I was fired for coming out as a gay man. It’s disgusting, but people say there’s nothing I can do about it…
Don’t listen to people with no law degrees. Most states, including California, protect employees from being terminated for their sexual orientation. Meaning: you’re entitled to pursue a wrongful termination claim if you were fired because of your sexual orientation. And you can certainly obtain compensation for your damages.
Over the past 35 years, Kaufman Law Firm has helped hundreds of its clients to collect sufficient evidence of wrongful termination, file lawsuits, represent them in court and help them win the compensation they deserve.
Don’t let your former boss treat you like dirt. Call us at 818-990-1999 today to fight back.