I Was Just Fired. How Do I Know If It Was Wrongful Termination?
Most employers are going to come up with some reason they claim is legitimate for firing an employee. If you are fired after reporting an employment issues such as unpaid wages, then it might be wrongful. If you were fired after reporting illegal behavior from your employer to law enforcement or to some government authority, then it might be wrongful. Those might be some indications. Not every case is going to be so blatant, but in every case, there could be some evidence of a wrongful termination.
What are potential damages against my former employer that I could receive if I win a wrongful termination case?
The bulk of the damages in wrongful termination cases are going to be lost wages and lost benefits from the job. When an employee was earning a salary and had medical benefits and then they were fired and couldn’t get another job for another three or four months, those might be damages that that they can recover. As with some other claims, they may also be entitled to emotional distress if the termination for wrongful termination was under circumstances that were really severe and affected the employee emotionally requiring them to seek medical treatment. It all depends on the exact facts of each particular case.
What does it mean to be an at-will employee?
The general rule in California is that all employees are at-will unless they have a contract that says otherwise. That means the employee can decide, at any time and for any reason, that they no longer want to work for their employer. On the flip side, the employer can decide at any time or for any reason that they don’t want the employee working for them anymore and they can fire the employee. As with anything, there are exceptions. One main exception is that in California, even if an employee is at will, you cannot fire them for an unlawful reason. So, if the employee complained of sexual harassment or that they weren’t paid wages, or that they were discriminated against, that would be an illegitimate reason to fire them. An at-will employee can still bring a suit for wrongful termination.
For more information on Wrongful Termination, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 257-8999 today.
Call Now For A 30 Minute Case Evaluation