There can be hundreds of justified reasons why an employer may terminate the service of an employee. Lack of consistency, poor performance, and attendance issues—these are all valid reasons for laying off employees from an organization. However, there are plenty of instances where employees get wrongfully terminated. If you have been on the receiving end of a wrongful termination, you must know how to fight for your rights in a legal way.
In states like California, employers can terminate employees without cause. However, there are exceptions. Your employer cannot fire you for discriminatory reasons. It is also illegal to terminate something for exercising their legal rights, such as taking family leave, filing a complaint about workplace harassment, etc. If your termination was indeed wrongful, you should seek justice by hiring an attorney. But first, you need to take the following steps. For Spanish employment law help, visit justicia para empleados for numerous resources.
Understand the Difference Between Unfair and Unlawful Termination
Most employees confuse unfair termination with an illegal termination. The two aren’t exactly interchangeable. There can be plenty of situations where your reason for termination may seem unfair but may still be legal. Some of the common examples of such situations include:
- Breaches of company policy
- Performance concerns
- Company budget cuts
- Conflicts among teams
- Personality differences
Even though these reasons may seem wrong from a terminated employee’s perspective, they are still legal. Unless there is an unlawful reason behind your dismissal, you do not have legal grounds to prove wrongful termination.
Identify Signs of Unlawful Termination
Workplace discrimination because of your protected characteristics (age, sexual orientation, gender, race, religion, etc.) is one of the most common reasons for illegal dismissals in California. As per state law, it is unlawful to terminate an employee specifically because they belong to a protected class.
It is also unlawful to punish employees for exercising their legal rights and duties. If you are terminated for reporting a case of workplace harassment, labor code violations, or other illegal activities, it is an unlawful dismissal. California law protects employees who complain about workplace misconduct. If you are fired after refusing to break the law or after complaining about wrongdoings, you may have been the target of illegal retaliation.
Gather Evidence to Build Your Case
If you want to prove that you were terminated wrongfully, you need factual evidence. So, start gathering pieces of evidence once you notice any instances of discrimination or wrongdoings at the workplace. Save emails, letters, and digital messages that may suggest the employer’s intention behind your termination.
If you are let go of your duties because of performance issues, you need to have records of past positive feedback from supervisors and managers to challenge the termination. Reach out to coworkers who can vouch for your high-quality performance. You can also gather comments or testimonials from people at the workplace if the termination is linked to some sort of retaliation.
Report It to HR
You can file a complaint about the wrongful termination with your organization’s HR department even after you have been terminated. This step will contribute to the paper trail of documentation and potential evidence to support your claim. Once you report it to HR, the department may investigate and give you an official response to your allegations.
While speaking with company representatives after your dismissal, you need to be extra careful. Since your words can be used against you, it is a good idea to have a legal professional guide your communications with the HR department at your former organization.
Seek a Written Explanation
Formally ask your employer to present the reason for your termination in a written document. Your employer must give you an explanation for letting you go. Keep a copy of the letter once you receive it from your former employer. If the reasons for termination are unclear or inconsistent, it can suggest a wrongful termination.
Conclusion
If you believe that your employer has fired you unlawfully, you have all the right to take legal action against your employer. Just remember the steps mentioned above. As long as it is a wrongful termination and you have enough evidence to prove it, you can leave the organization with your head held high.
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