What Can I Do if I’m Unfairly Dismissed at Work?
Losing your job can be a stressful experience, but being unfairly dismissed can be even more devastating. If you have recently been let go from your job without a valid reason, you may wonder what you can do and what your next steps should be. The following guide can help.
Unfair Dismissal in California
Unfair dismissal is also referred to as wrongful termination. It refers to being fired from a company when your employer does not have or provide a valid reason for the action.
Some employers and employees can find themselves confused in this area due to the presumed at-will employment. These practices state that an employee may leave a job, or an employer can let an employee go at any time.
While this is true, employers cannot terminate your employment if it is not for a legal reason. As such, it is essential to understand what does and does not qualify as unfair and legal.
What Qualifies As Unfair Dismissal in California?
If you are let go because your employer catches you stealing from the company or because of physical altercations with a coworker, it does not generally qualify as unfair. Unfair dismissal refers to unfair or illegal causes for termination. Some of the reasons you cannot be legally terminated include those that are based on:
- Race
- Gender
- Age
- Marital status
- Religion
- Sexual orientation
- Disability
- Medical conditions
- Pregnancy
Additionally, an employer cannot legally terminate your employment if you complete the following or similar activities:
- Join or form a union
- Take time off to serve on jury duty or military service
- Take time off for treatment or recovery from a medical condition or to give birth
- Notify the proper authorities of health and safety violations, acts that could harm the public, not being paid fairly, and similar issues
Termination for any of these reasons violates federal and state statutes like California Family Rights Act, Pregnancy Disability Leave Law, California Fair Employment and Housing Act, and Labor Code Section 1102.5.
Keep in mind that unfair termination might also be impacted by other factors. Some examples include those below.
- Probation periods: At-will employment does not typically apply to employees in their probationary period.
- Written or implied promises: If there is a written or implied promise of long-term employment or job security, you are typically not considered an at-will employee.
As there are so many factors of California wrongful termination, it can be a bit confusing and overwhelming.
Steps To Take if Unfairly Dismissed in California
If you suspect that you have been unfairly terminated, there are a few steps you should take.
Speak With Your Employer
One of the first steps you should take is to discuss your dismissal with your employer. If you have been terminated due to a misunderstanding or other resolvable issue, you might be able to get your job back.
Even if the discussion does not yield re-employment results, it can provide essential information. Take notes during this discussion so that you can have some type of record of your employer’s reason for the termination. If it truly is unfair, your notes might help prove it.
Gather Evidence
Aside from your notes, ask your employer for a copy of your personnel file. California law requires the employer to allow you to inspect and make copies of your file. you can take a look to determine if valid reasons have been noted. If not, you have more proof on your side that your termination was unjust. Any emails, text messages, voicemails, or other forms of communication can play a crucial role, as well. Keep in mind that sometimes the ”official” reason for termination is a pretext, and sometimes an employer has legitimate and non legitimate reasons for termination (called a “mixed motive.”) Gather evidence to insure you preserve the facts in your case.
Speak to a San Diego Employment Lawyer
If you have been unfairly dismissed, San Diego employment lawyer can help you in various ways. They can start by helping determine if you have a valid case and collect evidence. Additionally, a lawyer can help determine which statutes have been broken and which regulatory agency you need to file a complaint with. In short, not only can wrongful termination lawyers in San Diego help ease your burden, but they can also make your chances of winning your case possible.
If you feel you have been a victim of unfair dismissal, you are not helpless or hopeless. And you do not have to fight the battle alone. The Law Office of John P. Martin is here to walk you through the process and fight for your employment rights. Call us at (619) 807-5299 for a consultation, and let us start building your case.
