Wrongfully Terminated? Know How to Play Your Cards Right

Posted on May 31, 2010 by Walter Haines, Esq.

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 California labor law attorney they may be able to procure the following remedies:

• 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.

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California Layoffs and Unemployment: Do You Smell Something Fishy?

Posted on September 15, 2009 by Walter Haines, Esq.

 

It seems more and more commonplace these days that employees are being terminated for what their employers deem “cause.”

In interviewing several of our clients over the past several months, one bank employee stated he was terminated in June of 2009 for a pornographic email that bank management discovered he received in 2004. The bank indicated he followed policy in deleting the email, but failed to report that he received it. The result? The bank terminated him and is now disputing his unemployment insurance claim and taking the position that they fired him for cause.

He is not alone. With the massive layoffs occurring in this economy, employers fear California wrongful termination lawsuits, California discrimination lawsuits as well as an increase cost in unemployment insurance premiums.


STRATEGY:  Document, document, document.

If an employee fears unjust retaliation, trumped up charges of misconduct or other hostile activities from an employer, it is important to expose these and other potentially illegal activities to management IN WRITING and contact a California labor law attorney at once.

California is an at will employment state and unless there is an employment contract that guarantees tenure, or the employee is in a protected class (i.e. gender, sexual orientation, disabled, pregnant, etc) there is little protection to a firing or layoff.

This is why prompt reporting of any illegal activities i.e. failure to pay overtime, falsifying time cards, or other fraudulent conduct to law enforcement or the appropriate government agency may offer protection under California Labor Code 1102.5  and related regulations under California Whistleblower laws.

In addition, it is often wise for an employee to make management aware of claims under the California whistleblower statutes. This reporting may be the difference between retaining employment and a wrongful termination; as the employer may be exposed to liability once made aware of the claim. Speak to a California labor law lawyer prior to acting, however.

In accordance with California Labor Code 98.6, an employer may be required to re-instate employment benefits and wages as well as correct wrongdoing should retaliation be proven.
 

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