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Do I have a Wrongful Termination Case?

Written by: Samuel Eugene Spital

Reputation Level 10

Employment Wrongful Termination

Posted over 3 years ago. Applies to California, 7 helpful votes, 0 comments

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The First Step

Contact an experienced Labor Law Attorney as soon as you believe you may have a case. You do not need to wait until you have been terminated or there is a hostile environment causing you to quit. You do not want to be accused of consenting to any wrongful conduct nor your inaction to be deemed acquiescence. Additionally, there is a Statute of limitations that bars recovery if legal action is not taken within a defined period of time. Depending upon the jurisdiction or theory of the case, the time period may be different. You should always consult with Legal Counsel to discuss these issues.

When “Harassment” Is Actionable

Generally, yelling, screaming, demeaning language, or unfair workload, is not considered "unlawful" if it occurs to others or is based upon a personality conflict. If your supervisor treats everyone poorly, regardless of their race, religion, sex, or age, you might not have a case. Such conduct, however, will be considered illegal if the harasser is motivated by malice and/or ill based on some protected characteristic or classification set forth above. Only "unwelcome" harassment that is sufficiently severe or "pervasive" to create a hostile or abusive work environment is unlawful. As a general rule, the more severe the incidents (i.e., physical contact is more severe than offensive language) the less frequently they need to happen before it is considered illegal. Since only "unwelcome" harassment is illegal, you must make it clear to the harasser that you find his/her conduct unwanted and offensive.