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California is an at-will state. This means that employers, under most circumstances, are allowed to let someone go "at-will." There are circumstances, however, in which someone is wrongfully terminated because of discrimination or as retaliation. If you believe that you have been released from your job for wrongful reasons, it may be in your best interest to speak with an experienced Anaheim employment lawyer who will assess your case and help you better understand your legal rights and options.
At-Will Employees
Most workers are considered at-will employees, which means that they can be let go at the discretion of their employer. Workers who are not considered "at-will" include union employees and employees who are under contract for a specific duration of time. All other employees will not have the opportunity to hold their employer accountable for their termination unless wrongdoing was involved.
Discrimination
There are many forms of discrimination and all of them are illegal. Do you believe that you were let go not because of your performance at work but because of your age? That is known as age discrimination. Have you and other workers been let go because of your race or ethnicity? Race discrimination does happen and it is illegal and wrong. Do you believe that you were let go because of your gender? Perhaps, your employer let you go because of your sexual orientation or religious beliefs. These are all forms of discrimination that are considered wrongful and have consequences.
Retaliation
A wrongful termination can also involve retaliation from an employer for "whistle-blowing." All employees in California have the legal right to report safety concerns and violations at their workplace. Employers cannot take action against employees simply because they exercised their right to report wrongdoing at their workplace. Examples of whistle blowing include reporting a cover-up of harmful test results, mistreatment, harassment or safety violations. If the employer finds out which employee reported the issue, they cannot legally let that employee go based solely on the report.
Protected Rights
Employees have a number of rights under California law. For example, all seriously ill employees are allowed to take off from work without the threat of termination under the California Family Rights Act. Employers may be frustrated because of the timing of the employee's illness, but they may not fire the employee because of it.
What to Do if you are Terminated
It is important that you stay calm while being let go. Even though you may feel angry and emotional, it is important that you do not do or say anything that you will regret later. Were you offered a severance package? It may be in your best interest to have the terms put in writing. It may not be in your best interest to accept your employer's first offer. If your employer suggests you resign instead of being terminated, please do not do so. If you resign, you could risk losing your chances of receiving unemployment benefits. If you believe that you have been let go not for financial reasons or for performance reasons but because of your age, race, sex, gender or sexual orientation, it may be in your best interest to call an employment lawyer.
Wrongful Termination Lawsuits
Sometimes, the only recourse a wronged employee has is a lawsuit against his or her former employer. The claimant will have to prove that he or she was let go for wrongful reasons and that the employer violated the law in some way. A skilled Anaheim employment lawyer can assess the circumstances of the case and help the wronged employee determine his or her best course of action.
The knowledgeable Anaheim employment lawyers at Bisnar | Chase Personal Injury Attorneys, LLP can help victims determine if their rights were violated and if compensation is available for their lost wages and other damages. We are passionate about upholding the rights of Orange County workers and holding wrongdoers accountable. If you have been wrongfully terminated from your job, please contact us for a free, comprehensive and confidential consultation.
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