If you suspect that you may have been wrongfully terminated from a position in California, your best bet is always going to be to speak with an experienced labor lawyer who can help you understand your options such as the team at Rubin Law - Wrongful termination lawyer in LA.
We have listed a few facts below that are important to know about wrongful termination, but a good attorney has all of the good facts, and they know what to do with them to get you the compensation or severance that you deserve.
Take a look below at some of these important facts about California’s Labor Code and some details about wrongful termination that can get you started, but again, make sure that you hire an attorney to get you what you are truly owed.
California Is an At-Will Labor State
This means, basically, that you are able to leave your job at any time you choose, but in exchange for this privilege your employer can also fire you for almost any reason. They are not able to fire you for anything that violates discrimination laws, though, such as your gender, race, sexual orientation, religious beliefs, or any disabilities.
You Can Sue For a Wrongful Termination in California
If you are able to prove that you were fired from your job because of something covered under The Labor Code as wrongful termination, then you will be able to file a lawsuit to seek appropriate damages such as severance or a settlement. Your attorney will be able to help you determine the appropriate steps.
At-Will Employment Does Not Protect Employers From Wrongful Termination Cases
The term “at-will” can be confusing when a recently terminated employee is trying to make sense of their firing. Yes, an employer is legally allowed to let an employee go for nearly any reason. No, they are allowed to fire for absolutely any reason at all. You will need to prove that the reason was wrongful if you hope to have a case.
Whistleblowers Are Protected By The Labor Code
If you become aware of any illegal activities taking place in your company and you report these activities, you are protected from termination by a variety of labor laws.
However, you may find that you are fired for another, entirely unrelated reason, after bringing attention to illegal activities. If this is the case, you and your attorney will need to prove the core intent.
You May Be Able To Prove Alternative Motives For Your Termination
If you were officially terminated for a completely legitimate reason, but you feel that there were underlying, unofficial reasons that you were let go that are likely considered wrongful termination, then you and your attorney will be able to build a case to prove this.
Even if there is a combination of reasons that include both legitimate and illegitimate causes, these illegitimate or illegal causes for your termination will be central to you winning your wrongful termination lawsuit.
An Employer Will Try To Obscure The Reason For Termination If It Is Wrongful
The most important thing to consider is that if you are let go for a reason that would qualify for wrongful termination, it is likely that your employer understands the California Labor Code, and will take steps to obscure their true intentions. Again, this is a very important reason to work with an attorney, and to document everything that took place throughout the time leading up to your termination.