When is Being Fired a Wrongful Termination?

The truth is most people who have been fired feel that they have been wronged. Wrongful termination claims are generally not appropriate except under very specific circumstances. In California, employment is “at will” unless there is an express or implied contract that requires “cause” or “good cause” for termination.

In other words, it can be difficult to prove actual wrongful termination. You may need to establish some form of discrimination or a violation of state and federal whistleblower protection laws preventing retaliation for:

  • Reporting unlawful behavior by co-workers, managers, or owners
  • Filing a workers’ compensation claim
  • Reporting sexual harassment or other workplace misconduct
  • Testifying in a sexual harassment investigation

Some employment contracts do require legitimate cause for termination. The typical employee should not be expected to fully understand the nuances of the law governing wrongful termination. To learn about your rights and legal options, your best course of action may be to take the time to discuss your situation with an experienced employment law attorney.

Contact the Sacramento law firm of Perkins Asbill to schedule an informative initial consultation.

Retaliatory Actions

Discharge or wrongful termination is not the only retaliatory measure employers have been know to take against an employee who reports unlawful conduct in the workplace. Demotion, a pay cut, downsizing, or a transfer that negatively impacts an employee’s pay may all be considered retaliatory actions.

Other forms of retaliation may include personal attacks on an employee’s character or job record. Retaliation cases can become exceedingly complex and contentious. It is vitally important to seek experienced representation early in the process.

With more than 30 years of employment law experience, our lawyers know how to work through the intricacies of the California Labor Code, the federal Fair Labor Standards Act and other applicable law. The team can can step in quickly to protect your rights against employer retaliation and wrongful termination.  Let our legal team stand by your side. To get started, arrange a confidential consultation by calling (916) 446-2000.