Identifying wrongful termination practices in at-will employment states like California can be challenging. However, there are guidelines under which an employer has the right to terminate you. Failing to adhere to these limitations can result in a wrongful termination in Orange County.
What Does At-Will Employment Mean?
Employment at-will refers to an employee and an employer’s right to end an employment arrangement at any time and for any reason. Unless a contract creates guidelines for the employment relationship, an employee may leave their job when they choose. An employer can also fire an employee without reason.
What is Wrongful Termination?
A termination is wrongful when an employee’s firing violates a state or federal legal protection. Wrongful termination also occurs when an employer breaks a contractual agreement that provides specific conditions relating to termination. You may have a wrongful termination claim if you feel an employer bases your termination on the following reasons or actions you take:
- You belong to a protected class
- You have an employment contract that defines termination policies
- Reporting unlawful acts or violations within the company
- Requesting medical or family leave
- Filing a complaint or retaliation claim
- Requesting reasonable accommodations for a disability or religious practice
- Refusing to participate in an employee-sponsored meeting unrelated to your job duties
Numerous workplace scenarios may lead to wrongful termination. When these occur, it is always best to seek immediate guidance from an Orange County wrongful termination attorney.
What Are Common Signs of Wrongful Termination?
The signs of wrongful termination are not always glaring red flags. You may experience subtle changes in a relationship or interactions with an employer. Common indicators that a termination is unlawful may include:
- You receive positive feedback and performance evaluations, up to being fired
- You are injured and can no longer perform your current job, or you request accommodations
- A supervisor begins micromanaging your work schedule
- You recently reported a concern about a potential health, labor, or safety violation
- You recently revealed you are pregnant, adopting, or fostering
- The reason an employer gives for terminating you does not coincide with prior feedback
Though employers are not required to give them, getting a written explanation of why the termination occurs can be helpful. An employer’s explanation may also be useful if you need to file a wrongful termination claim in Orange County, CA.
How Can I Prove Wrongful Termination in Orange County, CA?
Retain any documentation you have that a termination may be unlawful. Emails, texts, and voicemails may contain evidence to support your claim. Performance evaluations, bonuses, and other positive feedback from an employer before being fired can demonstrate that the termination does not match an employer’s response to your work.
If you have an employment contract, review its guidelines carefully. Seek legal advice to understand its guidance. Keep a hard copy of any evidence supporting your claim.
Understanding the Laws Applying to Wrongful Termination
State and federal laws impact wrongful termination claims. The time you have to file a state or federal complaint varies based on the laws that apply to your claim. California imposes some of the most effective laws to combat wrongful termination.
The governmental agency you file a complaint with may also impact how you file a civil action for damages you incur due to a wrongful termination in Orange County. Learn more about your legal protections in a wrongful termination claim before the time limits of filing a complaint or lawsuit expire.