Workers lose their jobs every day and they often only have a few options for recourse. Occasionally, a worker can reasonably assert that the company’s decision to terminate them was wrongful and may have violated their rights.
The law allows workers dealing with a wrongful termination to initiate legal action to hold their employers accountable for an improper and potentially unlawful termination. Those who suspect they may have experienced a wrongful termination or worry that they might experience one soon may need more information about their rights as employees.
What is a wrongful termination?
A wrongful termination is essentially an unjust or inappropriate end to an employment agreement. If a company violates the law, the contract it has with an employee or the rights of a worker, the terminated party can potentially take action by asserting that their termination was wrongful. Workers in California have the right to take legal action despite the state having an at-will employment statute.
What is at-will employment?
At-will employment laws keep the government out of employment decisions. Essentially, at-will employment allows a company to terminate a worker at any point for any reason. At-will employment rules also make it possible for workers to leave their jobs without notice.
In theory, at-will employment arrangements are subject to termination for any reason that doesn’t violate the law or for no reason whatsoever. Frequently, workers believe that they have no rights because of at-will employment statutes. However, wrongful termination can still occur in an at-will employment state.
What does wrongful termination look like?
Most cases of wrongful termination fall into one of two categories. Employers either discriminate against workers because of their protected characteristics or retaliate against them for theoretically protected activities, like requesting unpaid medical leave.
Firing a worker shortly after they report sexual harassment or terminating them along with every other worker who belongs to a certain race could constitute wrongful termination. The timing and motivation behind the termination influence whether a worker can take legal action.
Workers having an emotional reaction to the loss of a job often need help objectively analyzing their circumstances. The more documentation workers have that the company took issue with their use of workplace protections or with one of their protected characteristics, the better their chances of prevailing should they take the matter to court.
Initiating a wrongful termination lawsuit can help workers reclaim lost positions or secure compensation for the economic impact of an unexpected job loss. An employee who know their rights can more readily fight back when their company unjustly terminates their employment.