If you have been fired unexpectedly in the state of California, it is likely that you will be feeling embarrassed, disheartened or even angry. Many negative emotions can come with a firing, whether the firing was legitimate or not. However, if you have a strong feeling that your firing was unfair, you might want to consider whether your employment termination was wrongful in the eyes of the law.
After an unfair firing, it is important to take some time to understand how the law works in California. This will help you to feel more empowered to take action against your former employer if you believe that it is necessary.
A wrongful termination can arise through a breach of contract
One of the first things you should do is to sit down and thoroughly read through your employment contract. Some employees have clauses in their contracts that promise guaranteed employment for a certain amount of time, or demand that there should be a good cause for a firing to be made.
An employment termination is wrongful if it is discriminatory
As an employee in the California, you are protected from several types of discrimination. If you believe that you have been treated unfairly because of your disability, race, nationality, religion, gender or sexuality, this is likely to be grounds for discrimination. If you can show that the reason for your firing was a discriminatory one, it is likely that you will be able to make a successful legal claim.
You have certain employment rights that you cannot be fired for enforcing
All employees have the right to make a complaint against their employer or enforce their employer’s obligations without suffering from retaliation as a result. If, for example, you have reported your company to a governmental department for a legal wrongdoing, and your employer reacted by angrily firing you, this would be seen as a retaliatory firing. A retaliatory firing is always seen as wrongful termination under the law.
If you believe that you have been a victim of wrongful termination in Los Angeles, it is important that you hold your former employer responsible for their actions.