In California, unlawful termination occurs when an employer fires an employee for reasons that violate state or federal law. This can include discrimination based on race, gender, age, or retaliation for whistleblowing. California’s “at-will” employment policy allows employers to terminate employees without cause, but not for illegal reasons.
Signs of wrongful termination
Recognizing the signs of wrongful termination can be challenging. However, specific indicators suggest your firing may have been unlawful:
- Fired after reporting illegal activities or unsafe working conditions
- The termination followed a complaint about discrimination or harassment
- Discriminatory remarks or actions preceded your termination
- Replaced by someone significantly younger or of a different gender or race
- Getting fired after rightfully exercising FMLA leave
These signs do not guarantee wrongful termination, but they warrant further investigation. Documenting these instances can strengthen your case if you decide to take legal action.
Responding to unlawful termination
If you suspect unlawful termination, act promptly. First, gather evidence such as emails, performance reviews, and witness statements that support your claim. File a complaint with the California Department of Fair Employment and Housing (DFEH) within a year of the incident.
Seeking legal support
Getting fired from your job unlawfully can feel overwhelming. You can evaluate your situation and help file necessary claims with the proper legal guidance. Employers guilty of unlawful termination may face lawsuits, financial penalties, and a damaged reputation. Having a legal professional on your side can make a significant difference in the outcome of your case.