Termination is never easy and may not be just

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Posted by Legal Team On January 20, 2015

Being terminated from a job is never easy. If you live in an “at-will” employment state such a California you must prove that you were terminated for an unlawful reason to receive compensation. The termination may be unfair but that doesn’t necessarily mean it was unlawful.

In order to prove that termination was unlawful employee need to show that employers violated one of the following laws:

  • Termination was retaliation for filing a sexual harassment complaint or supporting another’s claim or for taking leave under Family and Medical Leave Act.
  • You refused to carry out an unlawful act for your employer.
  • You had a verbal or written contact and the termination violates the conditions and terms of the contract.
  • Discrimination based on sex, religion, age, race, national origin or disability.
  • For being a whistleblower.

Proving that you have been terminated for any of the above reasons may be difficult to prove. If you feel that you have been terminated for any of the above reason it would be in your best interest to begin collecting evidence. Keep track of your employee evaluations, commendations and other records that may help determine if you were unfairly dismissed. It can also be helpful to document how you were let go and who let you go and what were the circumstances.

Although terminations of person in protected groups are the easiest to prove as wrongful terminations. It can be difficult to prove you were terminated was for one of the above reasons. You may find that an attorney versed in employment law of assistance in your case.