Have you been terminated from your job through no fault of yours? It can be a difficult thing to deal with, especially if you have a family to support. Rather than give in to despondency or decide to move on and look for another job, it might be a good idea to stand up for yourself and find out if your job termination was unlawful. Consult an unlawful termination attorney and get professional legal counsel.

Understanding Unlawful Termination

Employment in California and other states in the United States is on an “at-will” basis. That means that employers can legally fire their employees for any reason. Similarly, employees too can leave their employment without having to offer any justification.

Even with this being the case, there can be a claim for unlawful termination if your employer fires you for an illegal reason. In California, it is illegal for an employer to fire an employee for the following reasons:

Discrimination: It is considered discriminatory to fire someone on account of their race, skin color, ethnic origin, national origin, religion, gender, age, disability, and so on. According to California employment law, it is also illegal to discriminate against someone for their marital status, gender identity, and sexual orientation.

Retaliation: Employers cannot fire employees for reporting workplace harassment, unethical practices, and safety violations. They also cannot fire them for refusing to participate in illegal activities and for exercising their legal rights.

Additionally, if there is a work contract that specifically states the circumstances under which an employer can fire their employees, the employer cannot breach this contract. Doing so would make it an instance of unlawful termination.

Dealing with Unlawful Termination

It will help to take some time to go over the circumstances that led to you being fired from your job. Here are a few things to consider:

• Did your employer make any remarks or act in ways that would suggest that they were discriminating against you?

• Were you made to feel uncomfortable in your workplace for having a disability, for being pregnant, or for any other reason?

• Was there workplace friction because you were the only one of your gender or your race in your team?

• Did you recently file a complaint about workplace harassment, workplace hazards, or workplace illegal practices?

• Did you recently insist on exercising your legal right to vote, take work breaks, or go on leave?

• Were you on the verge of receiving company stock options?

• Were you about to retire and receive retirement money?

It is important to collect verifiable evidence that supports your claim of being fired for illegal reasons. The evidence can be in the form of work records, emails, messages, voice chats, videos, photographs, witness testimonials, and so on.

If you have a work contract with your employer, it is important to go through it carefully and highlight the specific reasons for which they can fire you. For instance, the work contract may state that you can be fired for being incompetent, for gross misconduct, or for committing financial fraud.

When Should You Talk with an Unlawful Termination Attorney?

You should talk to an unlawful termination attorney if you want to find out exactly where you stand legally and if you have any potential claims against your employer. The lawyer will go over the details of your case and assist you in asserting your legal rights.

In case the employer has breached your work contract or fired you for illegal reasons, the unlawful termination attorney will ask for a settlement from the employer, file administrative charges, or file a lawsuit on your behalf.

Even when you decide that the job is not worth the hassle and you would rather move on, it is still important to consider legal consultation if your employer wants you to sign a waiver or a release of claims in exchange for a severance package. The unlawful termination attorney will find out if your claim is worth more than what is being offered and will help you to negotiate a better severance package. The lawyer will also make sure that you are not giving up any legal rights that might potentially hurt you later.