Losing your job will always come as a shock. With California Law recognizing at-will employment, it may seem that there is nothing you can do about it, even if you suspect that there is something wrong. Call our Orange County wrongful termination attorney for a free consultation. The Department of Industrial Relations confirms that termination of employment can be unlawful.
Conditions That Make Termination of Employment Unlawful In California
Even though you and your employer can part ways at will without any need to give reasons for it, the law does offer you some protections. Conditions that may point toward wrongful termination and open your employer to a wrongful termination lawsuit include:
- There was some form of discrimination: You were dismissed because of your race, gender, age, religion, or other protected status. You can find out more about protections against discrimination and whether your employer is subject to them on the US Employment Equal Opportunity Commission’s website.
- You were dismissed as a form of revenge for exercising your rights: You took maternity leave, filed a workers’ compensation claim, reported crimes or rights violations, or acted against workplace abuses like sexual harassment.
- Your employer has breached an employment contract: You and your employer signed a contract specifying that you would remain employed for a specified period, or there was an implied contract. You have fulfilled your side of the deal, yet your employer fires you.
- You are dismissed because you complied with laws: For example, you were required to serve jury duty or refused to break the law after your employer instructed you to do so.
- Your employer made working conditions intolerable so that you would be forced to leave. Although you were not fired, constructive dismissal is a form of wrongful termination.
In most of these situations, there are warning signs you are likely to have noticed. When things happen that make you feel uncomfortable at work, it is important to document them and save any written evidence. Anything that strengthens your case can make a big difference to its outcome.
Signs Your California Employer May Be About to Terminate Your Employment Wrongfully
Since wrongful termination can be rather difficult to prove, spotting the signs of a potential wrongful termination before it happens can help you know it is time to start gathering evidence. You might notice:
- Negative performance reviews, even though you know you are still doing your job as well as before.
- Negative treatment after reporting misconduct or exercising your rights. Record any harassment, unsafe working conditions, or signs of discrimination.
- Exclusion. Suddenly, you find yourself being excluded from meetings or not getting projects you would expect to be allocated to you.
- New, unreasonable expectations are set. Your performance goals are unreachable, and your new job duties become impossible to fulfil.
- There are repeated disciplinary actions. Supervisors or managers write you up for the smallest excuse, or you are falsely accused of misconduct.
- You experience a hostile work environment in which you are bullied, insulted, gossiped about, or harassed.
- It is a pattern. Other employees in your situation have been fired before. For example, your employer habitually fires pregnant workers.
- Trouble starts after protected leave. You return from protected leave only to confront a hostile workplace, or you are told that your employment has been terminated.
What You Can Do If You Suspect Imminent Wrongful Termination or Have Been Wrongfully Dismissed
Gather all the evidence you can. This can include copies of performance reviews, documentation of what occurred before your dismissal, emails, and reports from other employees or former employees.
Consult our Orange County wrongful termination attorney. They can search for a legal basis that would support a lawsuit and help you file a complaint with the relevant authorities. If they can prove your employer was in the wrong, you can recover lost wages and compensation for lost benefits and emotional distress.