Expert Advice When You Need It Most
I Just Got Fired, Do I Have a Case for Wrongful Termination?
Written by: Steven Mark Sweat
Reputation Level 14
Posted almost 3 years ago. Applies to California, 3 helpful votes, 0 comments
1
Determine the Real Reason for Your Termination -- Not Just What Your Employer is Teling You.The employer's reason for termination is usually something like, "We just can't use you anymore" or "We have a problem with your work performance." You have to stop and ask yourself: Did the termination come shortly after I complained about working conditions, took time off for medical issues for myself or my family, informed my employer I was pregnant, filed a workers compensation claim, requested some accomodation for a physical disability, complained about illegal conduct in the workplace or cooperated in an investigation about this, refused to accept sexual advances from my boss or complained about sexual harassment in the workplace? Are there facts that would indicate that you were fired because of your race, gender, age (if you are over 40), sexual orientation? If so, go to Step 2. 2
Consult With and/or Hire An Experienced Employment AttorneyIf you answered any of the above questions in the affirmative and you feel there are facts that would substantiate a "yes" answer (eg. the timing of the termination, the facts leading up to the termination, co-workers or supervisors (present or past) who can corroborate "ulterior motives" on the part of the employer), then you should consult with an experience employment law attorney or lawyer. He or she should be willing to provide you with a free phone and/or in-person consultation and give you advice on how to protect your rights. If you have not yet been termination, he or she can advise you on how to document the facts and complaints to effectively "preserve the record" if you later file suit. In California, employees have as much if not greater protections that just about any other state so, you should educate yourself on the protections the law provides. The best way to do this is to consult with an attorney who is experienced in this area. Additional ResourcesCalifornia Department of Fair Employment and Housing:
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