For the most part, employment in the United States is considered at-will employment. This means that both the employer and the employee can terminate the employment without reason or notice. Despite this, there are protections in place against what is known as wrongful termination in California. Our California wrongful termination lawyer would like to discuss the following signs that help you identify if you’ve been wrongfully terminated from your job.
There are protections in place that protect you from discrimination when going through the hiring process. Those same protections are in place to protect you from discrimination when relieved of your duties. These protections are in place for race, age, sex, religion, ethnicity, sexual orientation, national origin and disability. There are protections in place for pregnancy, marital status, and military status.
Companies must be able to provide a valid reason for your dismissal when accused with wrongful termination due to discrimination. That’s why it’s in your best interest to get everything related to your job documented in writing. Save all memos and communications with supervisors. They might be helpful with your claim.
There are laws in place that protect the general public when taking time off from work to serve on a jury, to partake in the National Guard, and to vote. This is known as public policy. Employers are not allowed to fire employees who show up late to work or take time off to take care of any of these items. You also cannot be terminated for using allotted time off from the Family and Medical Leave Act so long as the time off pertains to something outlined in the act.
Retaliation is illegal in the workplace, especially when it involves the termination of an employee. Despite this, many employers retaliate against their employees for whistle-blowing or reporting them for other violations by firing them.
Employees who report a co-worker for sexual harassment, report a supervisor for illegal dealings, or report the company for health and safety violations is protected by federal and state laws. If you recently made a complaint or report about an issue in your workplace and were then fired, you were likely wrongfully terminated.
Defamation is defined as the jeopardization of your reputation or good standing in the community due to the intentional act of spreading false information about you. It’s possible that you were fired with cause, or the contract was terminated legally by your employer, but there was defamation involved.
If your employer spread rumors about your character or made other defamatory statements you can prove to be false, you likely have a wrongful termination case on your hands. To win the case you will need to prove that your employer knowingly said things that were false and did so to at least one person.
Does your loss of employment fit into one of these categories discussed in this post? If so, it’s time to speak with our Los Angeles wrongful termination attorney about your situation. If you have documented communication between you and supervisors, be sure to provide that information to our attorney.