Employment termination is a frightening and stressful event for a person to go through. One must often find another job right away in order to avoid financial problems. Termination can often damage a person’s professional reputation. It can also cause depression, anxiety and other health problems. California is an at-will state when it comes to employment, which means that technically, an employer can fire you for no reason. However, with the assistance of a good wrongful termination lawyer in Los Angeles, you may be able to sue your ex-employer if your case is an exception to the at will rule.
Let’s face it, even if your employer gave no official reason for your termination, there must have been something that caused them to let you go. Chances are, you suspect, but cannot prove the basis for your termination. They may have fired you because someone there had a personal problem with you, or the company may have a problem with people of your age, race or gender. They may have fired you because they wanted to hire a friend of someone there, or they may have fired you because you were about to get benefits that they did not want you to have. Although they may be hard to prove, many of these reasons are illegal.
Age Race and Sex Discrimination
If you suspect you have been fired because of your age, race or sex in the state of California, you will want to file a complaint with the EEOC, as they have violated the Civil RIghts Act of 1964. You have 300 days to file a suit with the EEOC. Be sure to provide them with any evidence or witnesses you have that would establish age discrimination. They will investigate your charge and provide you with a letter of your right to sue. You should then hire a lawyer to represent you. If you believe this has happened to other people, you will want to discuss the possibility of a class action lawsuit with your lawyer.
Violation of Public Policy
Did you refuse to do something your employer asked you to because you thought it was illegal? Did you take time off to vote or go to court or jury duty only to find yourself out of a job when you got back to the office? Did you blow the whistle on your company for their wrongdoing? You may be able to sue your employer for wrongful termination if you believe that you were fired due to a violation of public policy.
Implied Contract Exception
Although you may not have had an actual contract with your employer, there is a good chance that your employer has a written set of standards and policies. If they violate their own policies, you may be able to sue them.
For example, if you are a salesperson, and it is company policy to give you three months to make your sales quota, you may be able to sue them if they fired you after only two months of employment.
If your company offers two weeks of paid vacation but then fires you when you try to use said vacation time, you may be able to sue them for violation of good faith and fair dealing.
Although being fired is stressful and job hunting is time-consuming, it is always worth it to talk to an attorney. They won’t be able to get you your job back, but they might be able to get you a settlement and make sure your old employer thinks twice before firing anyone else without a reason.
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