We all know that today’s economy has seen better days. Companies are hiring less and firing more. In California, unless a written contract has been signed stating otherwise, employees are what is called “at-will employees.” This means that an employer can decide to terminate an employee with or without a reason for that termination. Likewise, under this type of agreement an employee can decide to quit, with or without a reason for leaving. However, an employer cannot fire an employee in violation of that employee’s legal rights. If this occurs, that employee has been wrongfully terminated and should seek legal counsel.

Several circumstances might occur in which an employer would need what is called “good cause” in order to terminate an employee. First, a company is required to follow its own policies. If, for example, a company has a policy to give warning or negative feedback to all employees before terminating them, then failure to do so would require the employer to prove a legal reason for the termination. Second, an employer cannot discriminate against their employees on the basis of race, ethnicity, skin color, gender, sexual orientation, religious beliefs, age, or physical handicap. It is illegal for any of these factors to be involved in a decision to hire, or fire an employee, or anything in between. In the case of a lawsuit accusing the employer of discrimination, the employer would have to prove an entirely different reason for terminating the employee.

Some other reasons for terminating an employee that would constitute wrongful termination are:

• Terminating an employee for refusing to commit an illegal act
• Terminating an employee for taking a medical leave in the case of something like pregnancy
• Terminating an employee for filing a claim against their employer
• Terminating an employee for any reason not explicitly stated in an employment contract, in the case that such a contract exists.

Sometimes, conditions are so bad in a workplace that an employee is forced to quit. Called “constructive wrongful termination,” an employee who quits because they are essentially forced to may seek damages for the wages they have lost as a result. Employees are expected to attempt to remedy their situation, and in proving a case, it must be evident that quitting was the last resort for the employee. If this can be proved, however, it may be a successful wrongful termination lawsuit.

Along with the sharp drop in funds that accompanies being laid off from your job, wrongful termination often damages victims psychologically and emotionally. Every case is different—in age discrimination lawsuits, for example, the termination of an employee who was hoping to retire within a couple of years would lead to an extraordinary financial burden in the years to come, thereby increasing damages and potentially the value of the case. A young woman who was the victim of sexual harassment in the workplace and was forced to quit might suffer greater emotional distress than financial burden. Nevertheless, this would still increase damages and case value.

Many clients worry about proving that they were wrongfully terminated. These fears are not unfounded; many cases do not have explicit evidence and must rely on circumstantial evidence instead. Generally, we strive to prove that our client was treated differently from other employees, in essence singled out for a specific reason. Proving the existence of a double standard in the workplace helps to prove that wrongful termination did, in fact, take place.

If you believe you have been wrongfully terminated from your job, please contact the Righthand Law Office. A no-obligations consultation can help you determine the merits of your case, explore your options, and help you decide the best course of action for you.