A wrongful termination can be a painful experience. Unfortunately, in Long Beach, not all firings are equal. Some are wrongful and illegal, leaving you feeling like a victim. What defines wrongful termination, and how can you protect yourself when it happens to you?
What is wrongful termination in Long Beach, California?
In California, wrongful termination refers to firing an employee in violation of a contract with that worker, discrimination or in retaliation for the employee reporting illegal actions by the employer. If an employer fires an employee for the above reasons, even in an “at-will” state, they may be liable for damages.
Some of the common types of wrongful termination include:
- firing for discriminatory reasons
- fired for refusing illegal or unethical requests
- being terminated for filing a complaint with the government
- termination due to union organizing or other concerted activities
Types of wrongful termination
There are three main types of wrongful termination:
Termination in Violation of Employment Contracts occurs when an employer fires an employee that is under a contract that requires a procedure for termination. This might include rules such as requiring verbal and written warnings before a final termination occurs. Violating this agreement could lead to legal action from the fired employee.
Discriminatory termination occurs when an employee is fired, but the reasons are based on discrimination against disability, pregnancy, age, national origin, race, color, sex, religion, or other federally protected classes. Employees that feel discriminated against or terminated because of discrimination may file charges with the Equal Employment Opportunity Commission.
Retaliation occurs when employees are fired because they have opposed or voiced opposition to the employer’s discrimination or harassment. This can also occur in situations where the employer fires an employee because they speak out against company misconduct. In most states, employers maybe not terminate an employee for serving in the national guard, military, jury duty, or voting.
Who Can File a Termination Claim?
Have you been wrongfully terminated? There are requirements that you must meet to file a claim, and there are also specific steps that you must take to maximize your chances of success.
To file a wrongful termination claim, you must prove that your termination was wrongful. This is because your employer did not follow the correct contractual procedures in terminating your employment, discriminated against you, harassed you, retaliated against you for whistleblowing, or violated your rights set forth by your state.
Next, you must demonstrate that you suffered an injury due to the wrongful termination. The termination has caused you some economic loss or personal harm. Financial losses can include lost wages, benefits, and severance pay. Personal harm can consist of emotional distress, embarrassment, and loss of reputation.