If your employer fires you because of any reason which is against your legal rights, then you can file a wrongful termination claim against him. California is an “at-will” state, which means that your employer can fire you without giving any reasons. However, there are a few situations, where firing of an employee will be considered illegal.
If you were fired because of any of the following reasons, then you can sue your employer.
- Contract claims: If you have signed a contract with your employer, that guarantees you employment up to a specific period of time, then your employer is bound to follow the contract. If he violates any of the provisions and decides to fire you, then you will have a strong case against him. It is not necessary that it should be a written contract. It can also be an oral one.2. Discrimination Claims: As per the California Law, employers cannot discriminate between employees on some specific grounds. These grounds include race, age , sex , disability and many other conditions. A pregnant women also cannot be fired because of her pregnancy. Hence, in case your employer fired you on the basis of any one of the above grounds, then you should definitely consider filing a suit against him.3. Retaliation Claim: You cannot be fired just for trying to enforce your employment rights. For example, your employer cannot fire you, if you complain about certain things like additional office hours or improper payment of wages.4. Public Policy Violation Claims: If your employer asks you to do some illegal activity and you refuse, then you cannot be fired. For example, you may be asked to lie to an auditor. However, this is against the public policy. By refusing, you are actually preventing the occurrence of an illegal act. Hence, the law will protect you in this case.
5. Other Claims: There are also other situations where you can file a wrongful termination claim. For example, if you were sacked after being sexually harassed by your manager, then you can sue him.
How to proceed with the case: If you think that you were illegally fired, then you should consult a lawyer and proceed with the case. You will need to gather all important evidence like your employment contract. It is advisable that you act fast without wasting any time. A lawyer will be able to guide you through the entire case and also negotiate a nice severance package. United Employees Law Group can help you out in this regard.
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