California is an ‘at-will’ employment state, but that does not mean your employer can fire you for any reason they want. There are certain rights under state law that protect you from wrongful termination based on your inclusion in certain protected classes.
If you have been fired and believe your rights were violated, now is the right time to explore your legal options. At KV LAW, P.C., we will investigate the circumstances around your termination to determine if state or federal laws were broken. Let us advocate for you during this challenging time.
What Is Wrongful Termination?
Wrongful termination occurs when an employer fires an employee for an unlawful reason. Even in an at-will employment relationship, an employer does not have the right to fire a worker in violation of discrimination laws or as retaliation for reporting some form of wrongdoing. The reason behind the termination is typically the most critical factor when evaluating whether the firing was legal or not.
Common Grounds for Wrongful Termination
There are different circumstances that can make a termination unlawful. Some common examples include:
Discrimination-Based Termination
An employer may not terminate an employee because of a protected characteristic such as race, gender, age, disability, pregnancy, sexual orientation, national origin, etc. If an employee is fired shortly after disclosing a protected status or is treated differently than similarly situated coworkers, discrimination may be a factor.
Retaliation
Termination is unlawful when it occurs because an employee exercised a legal right. This includes reporting harassment or discrimination, requesting or taking medical or family leave, filing a wage complaint, or participating in a workplace investigation. Retaliation claims are common when termination follows closely after protected activity.
Violation of Public Policy
Employees cannot be fired for reasons that violate public policy. This includes termination for refusing to engage in illegal conduct or performing other legally protected civic duties.
Breach of Contract
Wrongful termination may also occur when an employer violates the terms of an employment contract. This can include written agreements, implied contracts based on company policies, or promises made by management regarding job security or termination procedures.
Signs a Termination May Be Wrongful
Some terminations naturally raise red flags. If you are concerned you have been wrongfully fired, look for these common warning signs:
- Termination shortly after reporting harassment or discrimination
- Sudden discipline without prior warnings or documentation
- Inconsistent or changing reasons given for the termination
- Different treatment compared to similarly situated coworkers
- Termination following a request for leave
- Negative remarks related to a protected characteristic
While no single factor proves wrongful termination, each of these signs could mean your rights have been violated.
Learn How KV LAW, P.C. Could Help
You have rights following a wrongful termination, but it is crucial that you enforce them in a timely fashion. At KV LAW, P.C., we can answer your questions and help you seek justice after an illegal firing. Reach out today for a free consultation to learn more.