Wrongful termination is not an uncommon issue
in the realm of employment in California. Most of the times, such incidents go
against the exceptions to the at-will employment rule (i.e. employers can fire
workers with or without any reason). Indeed, an employee is said to have been
wrongfully discharged from work if any of the following exceptions take place:
·
Public
policy violation. An employee who files a worker’s compensation claim or
refuses to take part in an illegal activity cannot be terminated for doing so.
Otherwise, it is a violation of public policy.
·
Implied
contract. An employee who is told verbally about long-term employment with his
or her employer has an implied contract. Terminating him or her at will goes
against the said contract, thus can be a grounds for wrongful dismissal.
·
Written
contract. An employee who has signed a written contract with the employer can
only be fired in accordance to the terms and conditions stated within the
contract. Any decision to terminate him or her is a violation of the written
contract’s terms and condition, thus allowing him or her to establish a claim
of wrongful termination.
·
Covenant
of good faith. An employee who is fired despite him or her performing well in
his or her job is a breach to the covenant of good faith, and thus a form of
illegal dismissal.
·
Constructive
discharge. Getting fired doesn’t always mean receiving termination papers.
There are instances wherein an employee who feels that the hostile and abusive
working conditions or environment is too much for him or her to handle that he
or she has no other choice but to resign. This is called constructive
discharge, and it can be grounds for filing a claim.
If you believe you have been wrongfully terminated,
it is important that you hire an employment attorney so that you may be able to
establish a lawsuit. Because the victim of such an unfair workplace treatment
usually carries a burden of proof, you need an expert lawyer to establish that
proof and present evidence in your claim.
Meanwhile, here are some other things to
consider aside from taking:
·
If
your employer did terminated you on illegal grounds, then you need to first
exhaust administrative remedies before you could retain legal counsel from a
reputable wrongful
termination lawyer. In particular, you need to file a complaint with an
agency who handles employment cases, such as the Equal Employment Opportunity
Commission (EEOC) or the California Fair Employment and Housing Act (FEHA).
·
While
you are dealing with your claim with either agency or with your attorney, you
need to find a new job. It may not be required, but it helps if the damages you
incurred are reduced.
