Employees who believe they were illegally let go can often sue for wrongful termination. However, they should know that their claim would have to prove the employer violated anti-discrimination laws, employment contracts or other various labor laws.
Myths about wrongful termination
Here are some common myths about wrongful termination:
- Unreasonable termination and wrongful termination are the same: In California, employees are hired on an at-will basis, meaning they can be fired at any time for any reason. However, employers in California cannot legally terminate employees because of their race, gender, ethnicity, sexual orientation, religion, disability, age or veteran status.
- All workers over a certain age can get employment protection: Age discrimination can be prevalent in the workplace. However, one may be wrong to assume that they’re automatically protected if they are 40 or older. However, under the Age Discrimination in Employment Act, some employees can receive protections under specific guidelines.
- Employers always settle lawsuits quickly: Unless the plaintiff is a well-known public figure or a celebrity, employers and their lawyers may not be willing to settle a lawsuit as quickly, especially if it isn’t based on fact or supported with clear evidence.
- Employers can fire employees for being whistle-blowers: Employees who were fired for exposing illegal activity is legal under California state law. Often, it’s encouraged that employees notify the appropriate government or law enforcement agency if their employer is acting illegally.
Workers should understand their options
By understanding common myths regarding employment termination, employees can make better decisions regarding whether or not it’s a good idea to proceed with their claim. Workers in California looking at suing their former employer may want to contact an experienced employment law attorney. They can assist them in understanding their rights and help them make a sound decision.