How To Identify a Wrongful Termination

How To Identify a Wrongful Termination

Jobs are essential to our lives in countless ways. Having a dependable stream of income allows us to pay the many expenses, from bills to spending a night out with loved ones. When you are suddenly terminated, you may feel afraid of what will happen to your livelihood. When you agree to an at-will employment contract, your employer has significant control over your employment status. But no matter what type of job you do, you are protected under California law from wrongful termination.

Employees should know the signs of wrongful termination, as well as what to do if they believe their employer has fired them on an improper pretense. If you believe you may have been wrongfully terminated, speak to Jeannette A. Vaccaro to explore the next steps. 

The Signs of Wrongful Termination Are Often Subtle

Wrongful termination is often difficult to recognize since the signs aren’t always overt. It’s unlikely that an employer will do something that is clearly a violation of federal laws. Instead, the employer might attempt to micromanage or maintain unfairly high standards for a certain employee to make termination seem justified. Essentially, there is an ulterior motive for firing you that is independent of your objective work performance or qualifications. Talk to an attorney to discuss legal action if you believe such is true for your situation. 

Types of Wrongful Termination

The five main ways an employee can be wrongfully terminated include:

• Discrimination. In certain cases, wrongful termination occurs as a discriminatory action that targets an employee based on his or her gender identity, age, race or religion. 
• Retaliation. An employer cannot retaliate against a worker for reporting a workplace violation. If you were dismissed after bringing an issue to light, you may have been subjected to retaliation.
• Statutory Violations. California law establishes certain protections for employees that prevent employers from firing under specific pretenses. 
• Breach of Contract. Employees agree to a contract when accepting a job. But if the employer fails to uphold their end of the agreement, termination may be considered a breach of contract. 
• Disability. Employees with disabilities have the right to request reasonable accommodations. Firing an employee for needing accommodations or taking leave to manage a medical condition can be seen as wrongful termination. 

This list is not comprehensive, as there are many other situations that may involve wrongful termination. Talk to an attorney to review your options. 

Can I Sue My Employer?

Employees can sue their employers for wrongful termination if the employer is found to have violated federal or state laws, as well as the employment contract. You may be able to seek damages against the employer through litigation. First, you must prove that you were wrongfully fired. Employers will almost always attempt to prove that the termination was justified, so you and your attorney must show that this alleged reason is false. For example, if you believe you were fired due to discrimination, keep a record of harassment and other incidents to demonstrate your claim. 

Contact Jeannette A. Vaccaro

Wrongful termination can be difficult to spot. With an employment attorney, you can protect your rights and secure the compensation you deserve. Call to speak with attorney Jeannette A. Vaccaro today.