Wrongfully Terminated? Know How to Play Your Cards Right
No one wants to walk into work one day and hear the words, “I’m sorry, but we have to let you go.” Although always upsetting, depending on the circumstances, these words may be lawful or unlawful. Generally, California follows the “at will” employment doctrine, which means the employment relationship may be terminated by either party for any reason as long as it does not violate any state or federal law. If there is a violation of law, the termination will be considered “wrongful.” Illegal reasons for termination include the following:
• Refusing to break the law
• Filing a discrimination, sexual harassment, or workers’ compensation claim
• Taking leave under the Family and Medical Leave Act
• Failing to comply with labor laws, including collective bargaining agreements
• Failing to comply with oral and written employment agreements
When faced with termination, it is easy to think that the situation is hopeless. On the contrary, there are steps you can take to protect yourself. Here are some tips for weighting the scales in your favor:
• Do not take any retaliatory actions against your employer
• Review your employment contract to determine your rights
• Inquire as to the specific reason for your termination
• Determine who made the decision regarding your termination
• Request a copy of your personnel file
• Return all company property and follow all post-employment procedures stipulated in the employee manual.
If you believe you have been wrongfully terminated, you should immediately contact a California labor law attorney. As long as a claim is made within the statute of limitations, you may be able to be reinstated or recover lost compensation and/or damages. By consulting an experienced
• Reinstatement of employment
• Back pay
• Compensation for emotional stress
• Punitive damages to prevent further wrongdoing by the employer
• Mandated changes to the employer’s policies
While it may seem that your employer is holding all the cards, do not forget that you also have cards to play.
