Wrongful Termination: How to Know If You Have a Case
If you’ve been terminated and are unsure whether you have a legal claim, call a qualified employment lawyer in California. John P. Martin, Attorney at Law, offers a personal and detail-oriented approach to employment law cases in San Diego.
10 Signs You Might Have an Employment Case
Here are 10 signs that may indicate you have a valid employment case for wrongful termination or discrimination:
Sign #1: Discrimination Based on Protected Characteristics
If you were fired because of your race, gender, religion, age, or other protected category, you might have a case under the California Fair Employment and Housing Act (FEHA). To determine if discrimination occurred, consider whether other employees in similar roles but different demographics were treated differently or kept their jobs while you were terminated. Discrimination in termination often involves evidence that others outside of your protected class were favored, such as less qualified individuals being retained or promoted.
Sign #2: Retaliation for Reporting Unlawful Practices
If you were terminated after reporting unlawful practices such as discrimination, harassment, or wage theft, you might have a case. California’s Labor Code § 1102.5 protects employees from retaliation for whistleblowing. If you reported misconduct or unsafe conditions and were terminated soon afterward, this timing can be a strong indicator of retaliation. Look for patterns of behavior from your employer that suggest you were penalized for speaking up.
Sign #3: Inconsistent Reason for Termination
If your employer gives inconsistent reasons for your termination, it could indicate that the true reason was unlawful. Employers must provide a legitimate reason for terminating an employee, and inconsistencies in their explanation can suggest dishonesty or concealment of the real motive. For instance, if you were initially told your position was being eliminated but then find out someone else was hired to replace you, this inconsistency can be a sign of wrongful termination.
Sign #4: Violation of Employment Contract
If you have an employment contract (written or implied) that outlines specific terms regarding job security and your termination was in breach of that contract, you may have grounds for a lawsuit. Labor Code § 2922 establishes the at-will employment rule, but contractual agreements can override this. If your contract promised job security or required certain procedures before termination, and those were not followed, you may have a valid case.
Sign #5: Retaliation for Taking Family or Medical Leave
Under the California Family Rights Act (CFRA), it is illegal for employers to retaliate against employees for taking qualified family or medical leave. If you were terminated after requesting or taking medical leave, consider whether your employer expressed frustration or made negative remarks about your leave. Sudden changes in your treatment after requesting leave may indicate retaliation, especially if you received negative performance reviews or were terminated immediately after returning to work.
Sign #6: Harassment Leading to Termination
If you faced harassment and subsequently lost your job after reporting it, you may have a wrongful termination claim. Employers are required under FEHA to protect employees from harassment in the workplace. If you reported harassment and instead of addressing it, your employer took adverse actions against you, such as demoting or firing you, this may indicate retaliation. Look for signs that your employer failed to investigate or protect you, and instead sought to punish you for speaking up.
Sign #7: Discrimination in Layoffs
If you were laid off during a company downsizing, but the decision was based on your age, race, or other protected characteristic, you may have a case. Discriminatory practices during layoffs are illegal under Cal. Gov. Code § 12940. To identify discrimination, compare your situation to others who were retained. If younger or less qualified workers kept their jobs while you were laid off, it may be evidence of age or race discrimination.
Sign #8: Witnesses to Unfair Treatment
Coworkers who can testify that you were treated differently compared to other employees in similar situations can be crucial to your case. Witness statements can add credibility to your claim of discrimination or retaliation. If your colleagues are willing to attest that you were unfairly targeted or that they heard discriminatory remarks, this can significantly strengthen your case. Witnesses can help corroborate that the treatment you received was unjust and different from that of others in similar positions.
Sign #9: Employer’s History of Discriminatory Behavior
If your employer has a documented history of discriminatory practices or retaliation, it may strengthen your case. Prior complaints or lawsuits against your employer for similar behavior can establish a pattern of unlawful conduct. The California Department of Fair Employment and Housing provides public records that can be useful in demonstrating an employer’s history of discriminatory practices. Such a history can show that your employer has a track record of mistreating employees in a similar manner.
Sign #10: Termination Shortly After Engaging in Protected Activity
If you were terminated shortly after engaging in a protected activity—such as filing a complaint about harassment or unsafe working conditions—this timing can indicate retaliation, which is illegal under California law. Courts often consider the timing between the protected activity and the adverse employment action when determining whether retaliation occurred. For example, if you were fired just days after raising concerns about safety violations, it strongly suggests that your termination was retaliatory.
What to Do If You Suspect Wrongful Termination
If you suspect that your termination was illegal, it’s vital to act quickly. You should:
- Take Notes: Write down everything you remember about the circumstances leading to your termination. Include any discriminatory comments, retaliatory actions, and names of individuals involved.
- Consult an Employment Lawyer: An experienced California employment lawyer can assess your case and advise you on your options. Having legal support can make a significant difference in your chances of achieving a favorable outcome.
The Law Offices of John P. Martin have successfully represented numerous clients in wrongful termination cases. Visit this page to learn more about our experience in employment law.
Consult John P. Martin, Attorney at Law
Being wrongfully terminated is a stressful experience, but you do not have to face it alone. John P. Martin, Attorney at Law, has extensive experience in handling wrongful termination and employment discrimination cases in San Diego, California. Whether you’re dealing with age discrimination in California or other forms of unlawful termination, our firm is committed to providing personalized legal guidance to fight for your rights. Contact us today to schedule a consultation and discuss your options for moving forward.
