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Fired Without Warning: Is That Wrongful Termination?

by | Jan 31, 2022 | Employment Law

Women holding box after being wrongfully terminated from her jobYou arrive at work, clock in, and start your day. Not long afterward, Human Resources calls you into their office. It’s your worst fear realized: your employer is firing you without warning.

California is an “at-will” employment state, meaning an employer may fire an employee at any time and for any reason. The benefit of at-will is it allows you to quit your job at any time for any reason.

There are exceptions to at-will, and if you feel you’ve been wrongfully terminated, an experienced wrongful termination lawyer from Shimoda & Rodriguez Law, PC can help.

What Is Wrongful Termination?

Wrongful termination occurs when an employer fires an employee for an illegal reason. If this happens, you can sue your former employer to recover damages.

Examples of illegal reasons include:

  • Retaliation for Complaints of Sexual Harassment
  • Retaliation for Taking Family or Medical Leave
  • Whistleblower Retaliation
  • Retaliation for Wage and Hour Violation Complaints
  • Pregnancy Discrimination
  • Discrimination against protected class characteristics

Exceptions To At-Will Employment Law

Written Employment Contracts

A near-assured safeguard against at-will employment is a contract or statement that guarantees job security with your employer. There are provisions in the agreement that state you may still be fired with good cause or other reasons stated in your contract.

A contract can be a formal written document, but employers may enter into an employment contract with you without realizing it, which helps prove your wrongful termination claim.