Being fired from your job can be devastating, especially when your income is essential to supporting your household. Finding another job can take time, and you’re left to wonder how you’ll feed your family. Not every situation constitutes wrongful termination, but you may believe yours is when you can relate to the following information.
Legal Definition of Wrongful Termination
According to the Legal Information Institute, being wrongfully terminated in California and other states describes a terminated employee’s claim that the firing breached an employment contract or public policy.
If an employment contract states ‘for cause’ or a justification or reason for termination, and the employer doesn’t provide an adequate reason for firing someone, a terminated employee can take legal action.
Most wrongful discharge claims arise under the at-will employment rule, which is when an employer and employee can end their employment at any time and for any or no reason, as long as it’s not for discriminatory purposes.
Common Signs of Wrongful Termination
While it’s not always easy to know that you’ve been wrongfully terminated, many signs can point to that being the case.
The Timing
Every employee should feel safe blowing the whistle on illegal activity in their workplace, filing a harassment complaint, reporting unsafe conditions to OSHA, or performing similar protected activities, but that’s rarely the case. If you’re terminated after taking actions like that, you may have a case for wrongful dismissal.
Inconsistent or No Reasons
If you’re fired out of the blue, you’re of course going to ask your employer why. If they give a vague, changing, or inconsistent reason, or refuse to provide one, the stated reason may be a cover-up of something illegal.
Sudden Negative Performance Reviews
Many people find themselves embroiled in wrongful termination lawsuits after receiving multiple glowing performance reviews, promotions, and raises, only to suddenly face criticism and write-ups before being fired.
When it comes out of nowhere, it’s reason enough to want to find out more. In many situations, these sudden negative performance reviews are leading to manufactured justifications to avoid wrongful termination claims.
Differential Treatment
Differential treatment is discrimination. You may believe you were wrongfully terminated if you were fired for something that colleagues who did the same things were not fired for, and you belong to a protected class.
Steps to Take if You Suspect Wrongful Termination
If you suspect wrongful termination, follow these very important steps to protect yourself and fight for your rights.
- Document everything: Gather all evidence that shows how you were treated unfairly, such as emails, texts, performance reviews, and your termination letter.
- Write a timeline: It’s easy to forget information when the moment passes. As soon as you become aware that your termination may not have been justified, create a detailed record of events with conversations, names, and dates.
- Request your personnel file: Review your file to find the employer’s stated reasons for termination.
- Review your employment agreement: Look for information about whether you were an at-will employee or if your employer violated company policy.
- Find witnesses: Write down the names of any coworkers who may have witnessed discrimination, illegal activity, or retaliation.
- Seek legal advice: Talk to an employment lawyer to determine if you have a claim for a breach of contract, discrimination, or similar. If you believe you were discriminated against, your lawyer can assist with filing a charge with the EEOC.
You deserve answers and protection if you believe your employer wrongfully terminated you from your position. If you can relate to the information above, now’s the time to seek help from a trusted legal professional.
Guest writer
