Learn the steps to take if you’ve been wrongfully terminated. Understand your rights and find out how to protect yourself in unfair dismissal cases. Losing your job can be one of the most stressful events in life, but learning that your termination was wrongful adds an extra layer of emotional and financial strain. If you suspect that your employer terminated you unfairly, there are steps you can take to protect your rights and seek justice.
This blog will guide you through what wrongful termination means, how to recognize the signs, and the actionable steps to take if you’re in this difficult situation. With the right knowledge and support, you can take control of your circumstances and fight for what’s rightfully yours.
Understanding Wrongful Termination
What is wrongful termination?
Wrongful termination occurs when an employer fires an employee in violation of federal, state, or local laws, or breaches the terms of a contract. While most employees in the United States are employed “at-will” (meaning they can be terminated for any reason, or no reason at all, as long as it’s legal), certain instances make a termination unlawful.
Common grounds for wrongful termination include:
- Discrimination based on race, gender, age, religion, disability, or other protected characteristics.
- Retaliation for reporting workplace harassment, unsafe conditions, or engaging in whistleblowing activities.
- Violation of employment contracts, such as being fired before the end of a guaranteed period of employment.
- Breach of public policy, like firing someone for refusing to engage in illegal activities.
How do you know if your termination was wrongful?
The lines can sometimes feel blurry, but look for the following signs that your firing might have been illegal:
- You were terminated shortly after reporting misconduct or filing a complaint with HR.
- Your termination came after discriminatory remarks or treatment.
- You have a formal employment contract that guarantees job security under certain conditions.
- Your employer violated state or federal labor laws during the termination.
If any of these scenarios resonate with you, it’s crucial to act swiftly and strategically to protect your rights.
Steps to Take If You’ve Been Wrongfully Terminated
Step 1 - Stay Calm and Document Everything
Although being fired is an emotionally charged experience, remaining composed is crucial. Start documenting everything as soon as possible, including:
- The date of your termination and any details about how it happened.
- Any discriminatory comments or actions leading up to your firing?
- Communications (emails, texts, performance reviews) that might support your claim.
- A list of witnesses who may have observed any wrongdoing.
Detailed and organized documentation will play an essential role if you choose to pursue legal action.
Step 2 - Request an Explanation for Termination
Ask your employer for a written explanation as to why you were terminated. While they’re not legally obligated to provide one unless you work in specific states, some companies do so as part of their policies. Having their reasons in writing can help clarify whether the termination is lawful or not.
Additionally, request a copy of your personnel file. California, for example, allows employees to access their records under Labor Code Section 1198.5.
Step 3 - Review Your Employment Contract
If you signed an employment contract, review the terms carefully. Look for clauses that address termination, notice periods, or grounds for dismissal. If the employer violated the agreement, this could strengthen your wrongful termination claim.
Even if there is no formal written contract, employee handbooks, offer letters, or emails detailing job expectations may provide valuable context.
Step 4 - Check State and Federal Protections
Federal laws, such as Title VII of the Civil Rights Act and the Americans with Disabilities Act, protect against workplace discrimination. Similarly, individual states have their labor laws that sometimes provide even greater protections.
For example, California is known for its employee-friendly laws and has strict anti-discrimination and whistleblower protection statutes.
Step 5 - File a Complaint With the Appropriate Agency
If you believe your termination violated discrimination or retaliation laws, filing a formal complaint with an agency like the Equal Employment Opportunity Commission (EEOC) or your state’s labor department is a critical step. This process, known as “administrative exhaustion,” is often required before you can file a lawsuit.
- EEOC Claim: Complaints must generally be filed within 180 days of the alleged incident, though some state laws offer an extended window.
- State Agencies: Depending on your location, you may need to file a claim with state-level agencies, such as the California Department of Fair Employment and Housing (DFEH).
Step 6 - Consult an Employment Attorney
Wrongful termination cases are often complex and require the expertise of a skilled attorney. Reaching out to a qualified employment attorney ensures that your case is assessed thoroughly, evidence is presented effectively, and your rights are protected throughout the legal process.
At Shaker Law Group, we specialize in wrongful termination cases and proudly serve clients across California. We understand the nuances of state and federal laws and are here to help you fight for the compensation and justice you deserve. To schedule a free consultation, contact us today.
Step 7 - Explore Settlement or Lawsuit Options
Based on your attorney’s evaluation, you may decide to pursue one of two paths:
- Settlement: Many wrongful termination cases are resolved through out-of-court settlement negotiations, resulting in compensation for lost wages, emotional distress, or other damages.
- Lawsuit: If no resolution is reached, your attorney may recommend filing a lawsuit. While litigation can be a longer process, it may lead to justice and financial restoration.
Safeguarding Yourself Moving Forward
Whether legal action is resolved in your favor or not, it’s crucial to focus on safeguarding yourself against similar situations in the future. Here’s how:
- Keep Records of your work, performance reviews, and HR communications.
- Understand Your Rights as an employee, including your state’s specific labor laws.
- Speak Up in the case of workplace misconduct, but ensure that grievances are documented formally.
Your knowledge and preparedness can make a significant difference in asserting your rights and building a successful career.
You Don’t Have to Face This Alone
Wrongful termination can wreak havoc on your personal and professional life, but action empowers you to reclaim control. By understanding your rights, gathering solid evidence, and consulting with legal experts, you can hold employers accountable and secure the justice you deserve.
If you’re in California and need legal assistance, Shaker Law Group is here for you. Our experienced team has helped employees across San Francisco, Los Angeles, and beyond assert their rights. Schedule a free consultation today and take the first step toward rebuilding your future.
