When one experiences the event of job termination, it can be quite challenging to figure out the next steps. In California, an at-will employment state, employers can end the working relationship without notice for almost any reason. However, this does not include reasons that stand in violation of federal and state laws protecting employees against unlawful terminations. As such, knowing one’s rights is crucial. Minnis & Smallets LLP aims to assist employees through crucial steps to undertake following a job termination. Contact our firm for case-specific guidance.
In California, most workers are at-will employees. This means that their employment can be terminated at any time, even for reasons that may seem unjust or absurd. However, it is crucial to note that there are numerous protections against unlawful firings under both federal and state laws.
For instance, firing an employee for discriminatory reasons, such as race, religion, sex, or retaliation for reporting harassment or exercising a legal right, is considered unlawful. Furthermore, if an employee believes their termination arises from a violation of their privacy rights or due to a request protected by the California constitution, they might be looking at a potential wrongful termination case.
If an employee suspects their termination was unlawful, it is vital to gather all relevant information that could serve as evidence to support their claim. This includes the name and contact information of the person who decided to terminate them, the stated reason for their termination, contact details of any witnesses, and any emails or text conversations that could prove their termination was wrongful.
Once the employee has gathered their evidence, it is advisable to consult with an experienced employment lawyer. At Minnis & Smallets LLP, our team will review the employee’s evidence, conduct an investigation, and help them determine whether their termination was unlawful.
Before filing a federal discrimination complaint in court, employees are required to file a discrimination charge with the Equal Employment Opportunity Commission (EEOC). In California, workplace discrimination or retaliation complaints must also be filed with the Civil Rights Department of the State of California. If the employee believes they were fired due to a health or safety complaint, a retaliation complaint can be filed with the Labor Commissioner’s Office.
In the aftermath of a job termination, it is paramount for employees to protect their professional reputation. Minnis & Smallets LLP advises employees to refrain from discussing their case with coworkers or on social media platforms until all legal proceedings have been concluded. It’s important to remember that anything they say or post online could potentially be used against them in a court of law.
Finally, employees should consider applying for unemployment benefits. While this might not be one’s ideal situation, these benefits exist to help individuals in between jobs and can provide some financial relief during this challenging time.
Losing a job can be a disheartening experience, but knowing the right steps to take afterwards can significantly ease the transition. At Minnis & Smallets LLP, we stand ready to assist in navigating these challenging times, offering our experience in wrongful termination cases, and providing robust representation for those who have been mistreated at work. Contact our firm today for steadfast legal representation.
If you are looking for advice or representation, please contact us today using the form below and we will promptly respond to your inquiry.
Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.