Do you have a valid wrongful termination claim?

How do you know if your termination from employment was wrongful? The answer, unfortunately, isn’t always clear. But, in general, to have a valid wrongful termination claim in California, you must prove that your termination from employment was based on an illegal premise. So, what would that be, exactly?

Wrongful termination overview

There are certain situations that commonly form the basis for a valid wrongful termination claim. First, if the termination was due to discrimination of some kind, that may present a valid claim. Discrimination in the workplace in California is obviously illegal, be it discrimination based on race, disability, gender, religion and even age in some cases, among other possibilities.

Another potentially valid reason for a wrongful termination claim is if the termination was in breach of an employment contract. Many of our readers probably know that most employees in California are “at will” employees, meaning that their employment can be terminated at any time for any reason – with the exception of illegal reasons. This usually is not the case with employees who are under contract. The terms of the employment contract likely delineate the circumstances in which the employee’s job can be terminated.

There are other situations in which a wrongful termination claim might be valid, such as when an employer terminates an employee for filing a valid workers’ compensation claim or for reporting the employer’s illegal conduct. The fact is, the unique circumstances of your own termination of employment need to be evaluated carefully to see if you do indeed have a valid wrongful termination claim.