Unlawful Termination
Identifying Wrongful Termination: What Are the Signs?
Identifying Wrongful Termination: What Are the Signs?

Identifying Wrongful Termination: What Are the Signs?

Wrongful termination is a noteworthy concern for California employees. It refers to a situation where an employee’s dismissal violates legal rights or employment agreements. The repercussions extend beyond career disruption, affecting emotional and financial stability. In navigating the complexities of employment law, identifying signs of wrongful termination becomes vital. At Minnis & Smallets LLP, we help employees understand the signs of wrongful termination and help them take the necessary steps to protect their rights. 

Sign 1: Contract Violations

The cornerstone of any employment relationship lies in honoring contractual obligations. If an employment contract, whether written or verbal, suffers violation, it often signals wrongful termination. Early dismissal before the agreed-upon employment timeframe can potentially constitute a breach of contract.

However, California operates under an “at-will” employment principle, allowing employers to terminate employees without a stated reason. Exceptions occur, such as retaliatory discharge and firing after inducement.

Sign 2: Experiencing Work Discrimination

Workplace discrimination is a grave violation of law and encompasses various factors such as race, gender, sexual orientation, age, disability, national origin, pregnancy, and religion. It is crucial to note that termination based on these discriminatory grounds constitutes wrongful dismissal, which can have severe consequences for employers. In such instances, it is advisable to seek recourse by contacting an attorney who specializes in these matters. 

Sign 3: Violation of Public Policy by Employer

Public policy safeguards employees from dismissal for fulfilling civic duties such as jury service or voting. Additionally, termination due to family or medical leave requests is deemed wrongful. Employees facing termination for whistleblowing or reporting unlawful company actions have the right to file a claim against the employer.

Sign 4: Employer Retaliation

Retaliatory actions by employers, particularly terminations, are not only unethical but also unlawful under employment laws. It is crucial to safeguard the rights of employees who engage in legally protected activities, such as filing a harassment complaint or participating in an investigation into potentially unlawful practices by their employer. By ensuring that these employees do not face any form of retaliation, we can create a fair and just work environment that promotes transparency, accountability, and respect for all individuals involved.

Proving a Wrongful Termination Case

If there is suspicion of termination due to the reasons listed above, gathering all employment documents related to the situation becomes crucial. These can include employment handbooks, performance reviews, and the employment contract. Legal grounds for firing must be proved non-existent, and actions shown to fall under a protected class.

Contact Our Firm Today

Wrongful termination poses serious implications for employees. Recognizing the signs, such as contract violations, work discrimination, public policy violation, and employer retaliation, is the first step toward pursuing compensation. Gathering all relevant employment documents can strengthen one’s case.

Employees must remember they are not alone in this journey. Attorneys at Minnis & Smallets LLP, armed with experience and personal attention, navigate complex employment situations, protecting employee rights. Reach out today for a consultation.

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