What is wrongful termination?
On behalf of Jay S. Rothman & Associates posted in wrongful termination on Wednesday, May 9, 2018.
Finding a great job is wonderful. However, losing a great job is devastating. If you are in a situation where you feel you were unfairly fired by a California employer, you may wonder if you have grounds for wrongful termination. Before you start planning your lawsuit, it may be helpful to know that it is quite difficult to prove you were wrongfully terminated.
According to the Society for Human Resource Management, the good news is that California is an employee-friendly state, especially when it comes to termination. If your employer does not have strong grounds upon which to base the employment decision, then you very well could take the case to court for wrongful termination.
Employers need to ensure there is no possibility of violated equal employment laws or other employment laws. If such laws could have possibly been violated, then you have a pretty strong case. In addition, even just the way you are fired can give you grounds upon which to sue. Your employer should have been completely professional in the process, ensuring it was handled at an appropriate time and in an appropriate place.
The best protection for your employer comes from a written at-will employment document that you should have been given when you were hired. Although, even under at-will employment, your employer must still follow state laws for discharging you. Remember that state law stands above the federal law when it comes to employment, so as long as you can make a case under the state law, then you may have a leg to stand on. This information is for education and is not legal advice.