The Facts about Wrongful Termination

The general guideline in the state of California is that either an employer or an employee can lawfully end their employment relationship at any time and for any or no reason. Most employees will be in an "at-will employment" situation if they do not have either a written or verbally specific employment contract. Without a contract, an employer is free to let an employee go without any fear of repercussions. Although the law may seem to be in favor of an employer when an employee is terminated, firing or "laying off" of an employee could be illegal and could potentially be followed up by claims of damages in numerous situations.

If the employee can prove that both he and the employer had an agreement that the employment relationship would only be terminated for good cause, then it is not an "at will" employment relationship. Upon occasion, referring to the employee "handbook" can clarify this, as it typically specifies the grounds upon which an employee can lawfully be terminated. This is a typical practice in both small and large companies. For example, many companies announce employment polices or less formal guidelines in documents such as inter-office memos; these need to be scanned to see if they spell out circumstances under which someone can be fired. An employee could have a valid breach of contract claim if his or her employer violates these rules and guidelines.

Lacking an explicit understanding, the question is if another proof of the parties' behavior is inclined to show the presence of a common agreement on specific conditions and terms of employment. This is called an implied contract, which can be created without any certain words being said. In such a situation there is usually an implied understanding that the employee cannot be terminated without a valid reason. The personnel policies and practices of the employer, the amount of time that the employee has been employed with that employer, any assurance of continued employment by the employer, and the overall practices of that particular industry are what typically define whether any type of an employment contact is in existence.

When an employer bases the decision to fire or demote an employee on fair and truthful reasons and the decision is made in good faith, then good cause to terminate that employee exists. Good cause is not given if the employer's grounds for the dismissal or downgrading are insignificant, not consistent with common practice, not linked to business requirements or aims, or if the declared reasons are not truthful. The employer will be held accountable for damages if an employee is terminated due to sex, race, color, religion, or national origin.

Beyond an allegation of violating the implied agreement not to terminate except for a valid reason, an employee may have just cause for a claim when his or her employment is terminated or degraded due to that employee using specific entitlements provided by the law. An employee should be entitled to some type of compensation if an employer punishes or otherwise retaliates against that employee for bringing work-related violations to the attention of the proper authorities. This is otherwise known as a "whistleblower" claim.

Even when someone is fired lawfully, they often may look to the employer's past practices to try to make a claim for damages. It is fairly common for some employers to take advantage of their employees and then terminate their employment before the employee is aware of this violation of his or her rights. In the state of California, for example, meal and break periods are designated in the Labor Code. If an employer fails to comply with this law, he or she could be subject to penalties collectible by the employee after his or her employment is seemingly lawfully terminated. Also, an employer must pay the employee any money that is owed to him or her immediately upon employment being terminated or within 72 hours if the employee chose to quit. If an employer does not comply with these time constraints, he could find himself subject to penalties, including continuing to pay the employee for up to 30 days.

When there is a termination, an employee has certain rights; these may include receiving pay over and above their rightful compensation. There is the possibility that the termination could have been wrongful, and this could mean damages for the employee. More damages would occur with a violation of the Labor Code for a termination followed by unfair treatment.

The list of possible claims for damages is nearly unending, as every case of wrongful termination is one-of-a-kind. You should employ the help of an experienced trial attorney to help you achieve a fair result. A good trial attorney will assist you in sorting your way through the facts and laws pertaining to your case.