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Is It Wrongful Termination?

Updated: 7 days ago

California is an "at-will" state. "At will" means that your employer can fire you at any time for any reason (or no reason at all). This is assuming, of course, the reason isn't illegal. If you feel that your termination was based on unlawful grounds, you may have a case against your employer.

How do I know if I've been wrongfully terminated?

Did you have a written contract or statement regarding job security? Did your written specify what circumstances would lead to termination? Before you were hired, did your offer letter contain promises of continued employment? Contracts, letters, or any other written agreement regarding employment are potential evidence when trying to prove wrongful termination.

If an employer has fired you because you needed to take time off for jury duty or military service, it may be considered wrongful termination.

Being fired for disclosing poor company practices or whistleblowing is considered a violation of public policy.

You will want to talk to an employment lawyer right away to determine if these specific circumstances may apply to you.

Were you fired based on race, color, national origin, gender, religion, age, pregnancy, or disability?

Termination of your employment based on these reasons is illegal and is discrimination. However, there are time limits for complaints and claims regarding discrimination. If you feel you were wrongfully terminated for any of these reasons, you must move quickly.

Did you lose your job as a form of retaliation for reporting sexual harassment?

If you recently reported a co-worker to human resources and was fired soon after, this is retaliation. You may have recourse against your employer due to an illegal termination.

Getting fired is tough. It can be made worse when no reason is given, or the reason is illegal. If you think you've been wrongfully terminated, there are actions you can take. If you have any documentation, gather it together. It is crucial that you speak to an employment attorney as soon as possible, as there are statutory limitations.

Call Gomerman | Bourn & Associates at 415-545-8608 to schedule your FREE consultation today!

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