Losing your job as an executive brings many questions, and the first is often, “Was my termination lawful?” It can be challenging to demonstrate that you were unfairly dismissed, but it’s worth the time and effort it takes to pursue a case. You can be eligible for compensation, including reinstatement, lost income, and other damages.
Below, an executive level wrongful termination attorney examines common signs that your executive termination may be wrongful and what to do if you suspect your employer acted illegally in letting you go.
Your Rights in California
California is an “at will” employment state, meaning your employer can fire you as they see fit, but they still have to obey federal and state labor laws. If they violate these statutes, you may be able to hold them accountable in a civil lawsuit, in addition to reporting them to government agencies.
In California, you have the right to seek legal remedy under several sections of the California Labor Code and submit complaints to the Department of Industrial Relations. On the federal level, your employer can’t terminate your job without cause under laws such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Equal Pay Act (EPA), and the Age Discrimination in Employment Act (ADEA).
Potential Signs Your Executive Termination Was Wrongful
Labor and employment lawsuits depend on presenting substantial evidence that your company violated the law when it ended your job. This can be challenging, but here are common indicators that your executive termination was wrongful:
Workplace Discrimination
Under federal and state law, your company can’t discriminate against you at any point in the employment process (from hiring to firing). These laws cover many protected characteristics, such as race, national origin, religion, age, gender identity, sexual orientation, disability, military status, and pregnancy-related conditions.
Retaliation
It’s not illegal to experience pay cuts, demotion, or firing for poor job performance or other quantifiable reasons. However, if you believe your executive termination happened as retaliation for reporting sexual harassment or regulatory noncompliance, your employer may have acted wrongfully under California Labor Code §1102.5.
Public policy in California requires you to report illegal or unethical activity, but your employer may pressure you to stay quiet. If you report the actions and they fire you, this retaliatory termination is likely wrongful under the Whistleblower Protection Act.
Breach of contract
For executive positions, your employment contract typically states the conditions that may lead to termination. If your employer violates that contract, you can pursue legal action.
Termination After Taking Protected Leave
Under the Family and Medical Leave Act (FMLA), Pregnancy Disability Leave law (PDL), and California Family Rights Act (CFRA), your employer cannot fire you while you are away. They may claim they downsized and eliminated your role, but your employment attorney may find evidence indicating wrongdoing.
Inconsistencies About Why You Were Terminated
If you have a good job record and have been mysteriously let go, your employer may provide a reason for termination. Yet, if you get different answers from different individuals when discussing your firing, you may wish to hire an attorney to investigate the situation.
Changing reasons or vague descriptions, such as “doesn’t fit company culture,” can indicate what’s known as pretext. Signs of pretext could mean the employer wants to hide the real reason for terminating your job, such as reporting harassment or wage-related violations.
Take Action if You Suspect Wrongful Termination in California
To strengthen your claim of wrongful termination, take these steps:
- Keep a copy of your employment contract.
- Collect records of company policies on termination.
- Save copies of your performance reviews.
- Gather all communications and other material relating to your termination.
- Ask witnesses for their contact details.
- Collect your pay stubs and other compensation records.
- Make notes of any incidents and conversations about your termination.
- Hire a reputable law firm to file a wrongful termination lawsuit.
- Speak to an attorney before signing a severance agreement.
At Armstrong Law Firm, we can help you file complaints with the California Civil Rights Department and other appropriate government agencies. We will compile all relevant evidence, craft a powerful case, and litigate it on your behalf. You don’t have to face wrongful executive termination alone, so contact us to arrange a free consultation today.