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How to prove wrongful termination in an at-will state

On Behalf of | Jun 1, 2021 | Wrongful Termination

When life is going well, having a full-time job in California provides you with the income you need. Unfortunately, things don’t always stay this way. Many factors can cause the relationship between an employer and an employee to end, but some of them are prohibited by law. If this happens in an at-will state, can you contest your termination?

What constitutes wrongful termination?

Many situations can lead to wrongful termination. One type of wrongful termination occurs when an employee gets discriminated against. Discrimination can occur based on an employee’s age, gender, sexual orientation, race or beliefs.

Retaliation is another factor commonly seen in wrongful termination cases. An employer might retaliate against an employee for many reasons, including them being away from work for legitimate reasons. An employer may try to retaliate against an injured employee to avoid paying them workers’ comp.

What can you do after getting wrongfully terminated in an at-will state?

California is an at-will state, meaning that an employer can terminate an employee without warning. Since an employee is free to leave their job whenever they want, certain states believe that employers should have the same right.

If you were wrongfully terminated in an at-will state, your main way to appeal this decision is by having as much evidence as possible. You should prove that your work was up to its normal standards. It’s also wise to see if any witnesses can support your claim of discrimination or retaliation.

You have rights as an employee in an at-will state. For most people who were wrongfully terminated, their next step is to contact a law firm. After contacting a lawyer, you’ll have someone to help you prepare your case against the employer in a court of law.