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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.

The team at Perkins Asbill can step in quickly to protect your rights against employer retaliation and wrongful termination. In some cases it makes good sense to discuss your situation with an experienced lawyer even before filing a complaint or reporting misconduct. To receive honest answers to your important questions and sound legal advice based on decades of experience, contact our offices in Sacramento today to schedule a confidential consultation.