Were you wrongfully terminated from your job?

Unlawful termination, also known as wrongful termination, happens when an employer terminates an employee for illegal reasons. These reasons may include discrimination based on race, gender, age, or disability, retaliation for reporting unlawful activity in the workplace or violating public policy.

In California, an employer can only terminate an employee for just cause, meaning they have a legitimate reason for the termination.

What Qualifies as Unlawful Termination?

To determine if your termination qualifies as unlawful, several factors must be considered:

✔ Discrimination: If you were fired based on your race, color, religion, sex, national origin, disability, or any other protected characteristic. Discrimination-based firings are clear violations of both federal and state laws, including the California Fair Employment and Housing Act (FEHA).

✔ Retaliation: If you were terminated in retaliation for exercising your legal rights, such as reporting workplace harassment or participating in whistleblowing activities.

✔ Breach of Contract: If you had an employment contract with specific terms and conditions, and your employer fired you in violation of those contractual obligations.

✔ Violation of Public Policy: If your termination goes against fundamental public policies, such as refusing to engage in illegal activities or reporting workplace safety violations. Public policy violations protect employees from being fired for doing the right thing.

How Do You Prove Wrongful Termination?

Proving wrongful termination requires gathering evidence to support your claim. While each case is unique, some common types of evidence that can strengthen your case include:

✔ Documentation: Any written documents, such as termination letters, employment contracts, performance evaluations, and company policies.

✔ Witness Testimonies: Identify and interview coworkers, supervisors, or other individuals who witnessed the events leading to your termination.

✔ Emails and Correspondence: Review and preserve any relevant emails, text messages, or other forms of correspondence that support your case.

✔ Comparative Treatment: If you can demonstrate that other employees who were in similar situations or with similar performance issues were treated differently, it can help establish a pattern of discrimination or unfair treatment.

✔ Expert Witnesses: In some cases, expert witnesses, such as employment law specialists or industry professionals, can provide testimony to lend credibility to your claim.

Proving wrongful termination can be complex, which is why it’s crucial to seek guidance from experienced employment law attorneys like those at Labor Law Advocates.