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Wrongful Termination FAQs: Know Your Rights

Last updated on August 28, 2024

Losing your job can be a devastating experience, especially if you believe you were terminated unfairly or illegally. At Makarem & Associates in Los Angeles, we understand the challenges you’re facing, and we’re here to help protect your rights as an employee. As “Trial Lawyers Empowering People,” our client-focused, entrepreneurial approach ensures we fight aggressively to achieve your legal goals.

Here are some of the most frequently asked questions about wrongful termination cases.

What is wrongful termination?

You may have heard that you can be fired “for any reason or no reason at all” in an “at-will” state like California – and that is largely true. However, you cannot be fired for an illegal reason.

What are common reasons for wrongful termination claims?

Wrongful termination claims are often related to:

Discrimination: Termination related to race, gender, age, religion, sexual orientation, gender identity, national origin, disability and other legally protected characteristics
Retaliation: Firing after reporting workplace issues, such as unsafe conditions, sexual harassment or illegal activities
Breach of contract: Dismissals that violate the terms of a valid employment contract, including implied contracts created through employee handbooks
Violation of public policy: Firing for reasons that violate local, state or federal public policies, such as retaliation for using the Family and Medical Leave Act (FMLA)

Wrongful termination can also include a “constructive discharge,” where an employer creates a work environment that is so hostile and intolerable that an employee feels forced to resign.

How do I know if I have been wrongfully terminated?

Wrongful termination occurs when an employer fires an employee for an unlawful reason, such as discrimination based on race, gender, age, disability or other protected characteristics. It can also happen if an employee is terminated in retaliation for reporting illegal activities or exercising their legal rights or if the termination violates the terms of an employment contract.

What should I do if I think I have been wrongfully terminated?

If you suspect you’ve been wrongfully terminated, it’s crucial to document everything related to your termination. Keep copies of your termination notice, performance reviews, emails and any other relevant communications. Also, consult an experienced employment law attorney who can evaluate your case and advise you on the best course of action.

How long do I have to file a wrongful termination claim?

The statute of limitations for filing a wrongful termination claim varies depending on the specific claim and the laws of your state. In California, for example, you generally have one year to file a claim with the Department of Fair Employment and Housing (DFEH) for discrimination or harassment claims. However, it’s essential to act promptly, as missing deadlines can jeopardize your case.

Do I need an attorney to file a wrongful termination claim?

While it’s possible to file a wrongful termination claim without an attorney, having experienced legal representation can significantly improve your chances. Employment law cases can be complex, and an attorney can help navigate the legal process, gather evidence, negotiate with your former employer and represent you in court if necessary.

Can my employer retaliate against me for filing a wrongful termination claim?

No, retaliation against an employee for filing a wrongful termination claim or exercising their legal rights is illegal. If you experience any adverse actions from your former employer, such as negative references or threats, after filing a claim, be sure to document these incidents and inform your attorney immediately. Retaliation can strengthen your case and potentially lead to additional claims against your former employer.

What documentation will help support my wrongful termination claim?

Preserving evidence is crucial in a wrongful termination case. Relevant documents may include your termination notice, employment contract, performance reviews, emails or memos related to your termination, company policies and any records of discrimination or retaliation you experienced. Your attorney can advise you on what specific documentation will be most helpful in supporting your claim.

Wrongfully Terminated? Call Us Today.

If you believe you were wrongfully terminated, don’t hesitate to contact the experienced employment law attorneys at Makarem & Associates. We’re dedicated to protecting your rights and ensuring you receive the justice you deserve. Call 800-610-9646 or complete an online contact form to schedule a free consultation today.