Do I Need A Wrongful Termination Attorney?

Navigating the law can be difficult, especially if you find yourself in a tense position. Whether you’re an employer facing backlash from an employee or you’re a worker who believes you’ve been wrongfully terminated, a wrongful termination attorney can be a big help.

Termination Law In California

Employees in California have certain rights that prevent them from being unfairly terminated. In most instances, employment in California functions on an “at-will” basis, meaning that either party can terminate the working relationship at will.

The flexible law doesn’t require that either party give prior notice, which means that extra care should be given to termination. Even more importantly, the termination details should be incorporated into a written contract, removing any confusion that comes with verbal agreements.

There are a few laws that play a role in employment. Although not directly related to termination, they are helpful to keep in mind;

• AB 1033: pilot mediation program applicable to small employers, making mediation a legal requirement before filing any civil lawsuit being filed under the Fair Employment and Housing Act.
• SB 311: new restrictions on non-disclosure and non-disparagement clauses in employee termination contracts to include all forms of harassment and discrimination.
• AB 1003: impacts wage and hour disputes based on new classification for intentional wage theft, especially regarding minimum wage.

Reasons For Termination

There are various reasons for employers to terminate employees. The following grounds could indicate unfair termination:

Acting In Bad Faith

There are a few instances that demonstrate an employer acting in bad faith, such as terminating or transferring employees to stop them from earning sales commissions, failing to describe the job effectively, and making up a reason to fire an employee when the real motivation is to replace them with a cheaper hire.

Violation Of Public Policy Or Retaliation

In California, it’s illegal for an employer to fire an employee for taking time to serve on a jury, vote, serve in the military, or act as a whistleblower. The law also prohibits employers from firing employees in retaliation for protected activities such as filing a harassment complaint.

Fraud And Defamation

In some instances, an employer may commit fraud, which is usually the case when a recruiter makes false promises (and breaks them). Employers may also make statements that doubt your integrity or ability to do your job effectively. Both defamation and fraud are difficult to prove and should be documented carefully.

Reasons To Hire A Wrongful Termination Lawyer

Hiring a termination attorney who is well-versed in state laws can help in the following ways:

• They can determine whether the termination was legally wrongful or not
• They will better understand rights and entitlements
• You can get advice on whether you have been constructively dismissed
• They can better interpret the employment contract
• They can evaluate the employment offer
• They can serve as a barrier to prevent direct communication with the employer

Steps To Take After A Wrongful Termination

There are a few key steps to take if you suspect an impending wrongful termination lawsuit, such as:

• Take time to understand what constitutes wrongful termination
• Remain calm and avoid reacting impulsively
• Document everything and make sure to get all communication in writing
• Write a detailed account of your experience
• Avoid talking badly about your employer on social media
• Hire the services of an experienced and reputable wrongful termination lawyer

A Wrongful Termination Attorney In California

Are you looking for a reliable lawyer to help you out of a difficult situation? At Real Deal Attorneys, we strive to connect you with qualified counsel for your specific case. Call us at (424) 367-1271 and discover top-rated attorneys in Southern California today.