When is termination wrongful in an ‘at-will’ employment state?

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Posted by Legal Team On September 30, 2014

Nobody wants to be fired from their job, and people who are may feel that they were fired unjustly. Under certain conditions, unjustly fired individuals may be able to successfully claim wrongful termination on the part of their employers, which could lead to compensation and even getting the job back. However, in California, employers can fire their employees at any time, even if the termination seems unfair. But what is wrongful termination?

Just because you were fired in unfair circumstances does not necessarily mean that you have a wrongful termination case on your hands. You have the strongest chance of winning a wrongful termination lawsuit when you were fired for an unlawful reason. The line between an unfair termination and an unlawful termination can be difficult to distinguish, but if you want to learn more, click here.

Unlawful termination often includes being fired for a reason that has no bearing on how well you perform the functions of your job, such as racial or age discrimination. Employees may also experience wrongful termination as retaliation for whistleblowing or complaining about sexual harassment. It can be difficult to prove that you were fired specifically for one of these reasons, but that is where legal assistance can help you.

Employers may try to fire you under a seemingly legal pretense, but there have been many cases over the years in which former employees were able to prove that they had been subjected to harassment in the months leading up to their termination. Consulting with an attorney can help you decide how best to prove that you were wrongfully terminated. Once you have proof, an attorney can help you file a wrongful termination lawsuit and perhaps see you compensated for your suffering.