Workers often don’t know their rights if they’re fired suddenly and without a valid reason. There are a few cases of wrongful termination that occur in violation of employment laws. Workers facing this situation may need to follow the steps to file a wrongful termination claim in California.
Types of claims
Wrongful termination is the discontinuation of a job for immoral, meaningless or illegal reasons. It’s common for this type of claim to involve a violation of a federal or state anti-discrimination law. This occurs when an employer illegally discriminates against an employee, the employee complains, and the employer retaliates by firing the employee.
Another common claim involves firing an employee for whistleblowing when a worker is unlawfully punished for reporting another worker or supervisor for wrongdoing. Retaliation for whistleblowing is a form of violating the law, so workers in this situation are eligible to file a wrongful termination claim against the employer.
A less common wrongful termination involves violating an oral or written employment agreement. An employer may allege that a term in the contract has been violated when it has not been. Instead of taking the issue to court, the employer decides to fire the employee instead.
Individual protections under employment laws
Every employee has the right to work while being protected from wrongful acts committed by the employer. An employee who faces wrong termination may feel that nothing can be done to stop or reverse it. However, there are federal laws that allow a worker to file a wrongful termination claim. If successful, the claim may result in fines against the employer and a settlement to compensate the former employee.