Efficient And Effective Business Litigation

When being fired considered wrongful termination?

On Behalf of | Aug 27, 2021 | Employment Law |

People in Southern California change jobs from time to time. People may find better opportunities, need a change of pace, find a better paying jobs and have other reasons for leaving certain jobs and taking a new job with a different company. Generally, when this occurs people are able to leave their current job on their own terms. There are other times when people do not leave their job on their terms though and that is when they are fired.

There are many reasons that people are fired. It could be because the company was downsizing or restructuring. The company could close a plant to move it to a different city. Sometimes when people are fired though it was due to their work performance or they violated company policies. Most employees are considered at-will employees, which means that most of the time when they are fired, it is not illegal. The employee may not think it is fair or do not agree with the reasoning, but that does not make it illegal necessarily.

Reasons for wrongful termination

Sometimes firings are illegal though and could be considered a wrongful termination. In order for a firing to be illegal, it must be based on one of the following reasons.

  • Discrimination – the firing was based on the employee being in a protected class such as being fired based on their gender, race, age, disability, religion or other protected classes.
  • Sexual harassment – being fired because they were the victim of sexual harassment
  • Retaliation – the firing was due to the fact that the employee reported the company’s illegal activity or participated in an investigation.
  • Violation of contract – there are some employees who have employment contracts or collective bargaining agreements and violating those terms could be a wrongful termination.

Many people are fired in Southern California each year. Sometimes these firings are illegal and the employee may have a wrongful termination claim. If successful, the employee could be entitled to compensation for the damages they suffer. These can be complicated cases though and consulting with experienced attorneys could be beneficial.