Determine if your termination was unlawful

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Posted by Legal Team On February 25, 2015

If you have been fired from your job, you are likely feeling many difficult emotions. You are probably upset about your sudden unemployment; you are probably angry at your employers for firing you; you are probably nervous about finding another job. With all of these tumultuous emotions, you may be wondering if there isn’t another way. You may start to wonder if perhaps your termination was unlawful, and if you can get your job back as a result.

While it is certainly possible that you were unlawfully terminated, it is important that you do not let your emotions color the facts. The state of California follows the “at-will” method of employment, meaning that employers can fire their employees at will, with no prior notification or good reason. This means that you can be fired simply because your employer wants to fire you, and not necessarily because you failed to perform the functions of your job.

However, it is important to make the distinction between at-will termination and unlawful termination. Employers can fire you for any reason as long as that reason is not unlawful or illegal. The difficulty of this is that your employer will obviously not admit to firing you for an unlawful reason, so you will need to find a way to prove that your employer fired you for an unlawful reason.

An unlawful reason could be anything from discrimination to retaliation for exercising your rights or whistleblowing. If you believe that you were wrongfully terminated from your job, consider meeting with an attorney to discuss the circumstances of your termination. An attorney could help you analyze your case and prove that you were wrongfully terminated. A successful claim could not only get you your job back, but also see you compensated for your mistreatment.