You've recently been laid off from work and you believe that you may have lost your job for unlawful reasons. But how do you know it's illegal? Can you sue? Or will they get away with it?

There is a clear way to know if it's wrongful termination and what you can do about it.

In this article you will find out:

What wrongful termination is
Grounds for wrongful termination claims
What you should do about wrongful termination

What is wrongful termination?

Wrongful termination is when an employee is illegally fired or laid off.

The state of California recognizes at-will employment. This means that generally, employers may discharge employees at any time and for any reason except written otherwise in a contract. However, the employer’s right to discharge an employee is not without limits. In fact, an employer may not discharge an employee for certain reasons that violate the law. This means that an employee may hold their employer accountable for wrongful termination if the reasons for the discharge are illegal.

Grounds for wrongful termination claims

Termination is termed “wrongful” or illegal when it falls under one or more of these termination categories:

Discrimination
Harassment
Violations Of The Family And Medical Leave Act (FMLA)
Wage disputes
Breach of contract
Retaliation
Fraud
Whistleblowing

Discrimination

Both state and federal laws prohibit any form of discrimination in the workplace. If you are fired or laid off based on race, gender, age, disability, and so on, you may have a valid claim for wrongful termination.

Harassment

Wrongful termination based on harassment can take various forms. It could be unwelcome sexual advances or degrading comments based on one's gender, age, disability, or religion.

If you believe you have been harassed and fired as a result, you may have a valid claim for unjust termination.

Violations Of The Family And Medical Leave Act (FMLA)

The Family and Medical Leave Act protects employees who need to take a leave for reasons like illness, taking care of a loved one, or a newborn baby. Employees who have worked for up to a year or for at least 1,250 hours are eligible for FMLA.

If you have been fired as a result of taking a family and medical leave, you may have a valid claim of the wrongful illegal firing of an employee. It is important to seek legal advice from an experienced wrongful termination attorney in Los Angeles who will be able to provide you with information on your rights, considering your particular circumstances, and guide you on the next steps to the extent you choose to take any. Keep in mind that many lawyers who protect the rights of employees work on a contingency basis and provide at least an initial consultation for free. To the extent cost is a factor for you, as it is for many employees, you can conduct your lawyer search accordingly.

Wage disputes

If you are having disputes with your employer over securing unpaid wages, and you get fired, this may amount to wrongful termination.

Some wage violations include not paying the minimum wage, not allowing employees to take meal breaks, or not paying workers overtime wages as required by law.

And although these cases might be complex, under California and federal laws, you have legal protections and may have a valid claim of wrongful termination. Therefore, when faced with a potential wage claim, it is important to consult an experienced attorney in order to obtain guidance on your rights.

Breach of contract

This type of wrongful termination could be in the form of a violation of a written contract, one or more provisions of an employee handbook, or other forms of promises made by the employer.

If you have a written contract that promises job security or states that you can only be fired for good cause or enumerated reasons stated on the contract, you may not be an at-will employee. You may have valid claims for wrongful termination of the contract. However, whether or not you have a claim likely involves complex analysis. As such, you may want to speak to an experienced Los Angeles wrongful termination attorney to find out about your rights.

Retaliation

Employers are prohibited from retaliating against an employee who has engaged in any legally protected activity. An example of retaliation could be an employer laying off an employee after they apply for benefits, or for invoking their rights under the FMLA.

In California, it is also illegal for employers to retaliate against an employee for missing work due to work-related injury. To show that you have a situation of retaliatory termination, you will need to prove that you were engaged in a legally protected activity. You will also need to prove that engaging in that activity was the reason that your employer acted and that it had adverse consequences on you.

Fraud

There might be some extreme cases where an employer goes to the level of fraudulent activities.

This can be common during the recruiting process where the employer uses fraudulent representations in order to cause a prospect to withdraw their application or it could happen at the final stage of employment where an employee is induced to resign using false representations.

To prove wrongful termination based on fraud, you will need to show that your employer made a false representation with the intent to deceive you. You will also need to show that you relied on the false representation and were harmed in the process. This might require that you have good documentation of who, how, and when the false representation was made.

Whistleblowing

If you reported any illegal activity such as fraud, safety violations, harassment and were fired as a result, you may have a wrongful termination claim. For example, if you reported a case of sexual harassment in your workplace and your employer terminated your employment because of your reporting, you may have a valid wrongful termination claim.

What to do about wrongful termination

If you have been wrongfully terminated, it is important to seek legal representation to know about your rights. However, in proving wrongful termination claims, there are a few steps you can take to assist your attorney in understanding the circumstances:

Prepare your documents: It is important to get any formal documentation including your employment contract, termination letter, past performance evaluation, your employee file, and any other documents related to the situation. It is understandable that you may not have ready access to a lot of these documents. You should gather these documents the best that you can and without violating any laws. Also, if you have any documentation of verbal communication with your employer regarding your job security, you should be sure to preserve them.
Avoid acting against your employer: You may feel cheated, deceived, or wronged. However, it is in your best interest to play it cordial so as not to destroy your working reputation.
Follow all post-employment procedures including returning all company property.

Get professional legal help

If you've been fired wrongfully, you may have the right to compensation for wages, future earnings, severance pay, unemployment compensation, amongst other benefits, as well as pain and suffering. It is important to speak to an attorney to know your rights and how you can approach the situation.

Wrongful Termination: Were you illegally fired?