You can protect yourself after a wrongful termination by documenting what happened, keeping important employment records, understanding your rights, and being careful about what you sign or say after losing your job. Taking these steps early can help you determine whether your termination may have violated an employment law.
Orange County is a well-known region in Southern California, known for its coastal communities, shopping areas, parks, and cities such as Irvine, Anaheim, Santa Ana, and Huntington Beach. The area has a diverse population and a wide range of businesses, making employment issues relevant to workers in many different industries. If you believe your termination was unlawful, speaking with a skilled wrongful termination attorney in Orange County can help you understand your legal options.
What Is Wrongful Termination?
Wrongful termination occurs when an employee is fired for a reason prohibited by law or in violation of an applicable employment agreement or other legal protection.
California generally follows an at-will employment system, meaning an employer or employee can usually end the employment relationship without a specific reason. However, at-will employment does not give employers permission to fire workers for unlawful reasons.
For example, termination based on certain forms of discrimination or retaliation can violate California law.
Keep a Record of What Happened
One of the first things you should do after being terminated is to write down what happened.
Create a timeline that includes important events before your termination. Include conversations with supervisors, disciplinary meetings, complaints you made, performance reviews, changes to your schedule, and the date you were fired.
Try to record facts rather than assumptions. Write down who was involved, what was said, and when the conversation happened.
A detailed timeline can become useful later because memories can fade quickly.
Save Important Employment Documents
Keep copies of documents related to your employment that you are legally permitted to retain.
These may include:
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Employment agreements
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Performance reviews
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Pay records
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Disciplinary notices
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Emails
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Text messages
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Termination paperwork
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Employee handbook provisions
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Relevant workplace policies
Be careful about taking confidential company information, customer information, trade secrets, or other materials that you are not entitled to possess.
The goal is to preserve evidence about your employment, not to take protected business property.
Pay Attention to the Reason for Your Termination
If your employer gave you a reason for termination, document it.
The stated reason may become important if it conflicts with your employment history. For example, an employer might claim that an employee was terminated because of poor performance even though the employee had recently received strong performance evaluations.
A change in the employer's explanation can also be worth documenting.
This does not automatically prove wrongful termination, but inconsistencies may become relevant when evaluating the circumstances.
Watch for Signs of Retaliation
Retaliation is another issue that employees should understand.
An employer generally cannot retaliate against an employee for engaging in certain legally protected activities. For example, California's Fair Employment and Housing Act prohibits retaliation against a person for opposing certain unlawful practices or participating in certain related proceedings.
If you made a complaint shortly before being terminated, keep records of when you made the complaint, who received it, and what happened afterward.
The timing of events can be relevant, although timing by itself does not necessarily establish retaliation.
Consider Whether Discrimination Was Involved
A termination may raise concerns if it appears to have been connected to a legally protected characteristic.
California employment discrimination laws cover various protected characteristics and prohibit certain discriminatory employment practices.
If you believe discrimination played a role, preserve any comments, messages, workplace policies, or other evidence that may help explain why you believe the termination was unlawful.
Be Careful Before Signing a Severance Agreement
Some employers offer severance agreements after terminating an employee.
These agreements may provide compensation in exchange for certain commitments or releases. Depending on the language, signing one may affect your ability to pursue particular legal claims.
Do not treat a severance agreement as routine paperwork. Read the entire document and understand what you are agreeing to before signing.
If you are unsure about the terms, consider having the agreement reviewed by an employment attorney.
Know Your Filing Deadlines
Employment claims can have strict deadlines, and the applicable deadline depends on the type of claim.
For example, certain California employment discrimination complaints have specific administrative filing deadlines. Other employment claims can have different deadlines.
Waiting until the deadline is close can make it harder to investigate what happened and gather evidence.
Avoid Emotional Messages
Being fired can be frustrating and stressful, but sending an angry email or threatening message to your former employer may not help your situation.
Keep communications professional and factual. Avoid making statements that you cannot support.
You should also avoid discussing confidential details about your former employer publicly or posting about the dispute on social media while the matter is being evaluated.
Key Takeaways
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Document what happened before and after your termination.
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Keep relevant employment records and communications.
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Understand the reason your employer gave for firing you.
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Look for evidence of discrimination or retaliation.
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Be careful when signing a severance agreement.
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Avoid emotional or threatening communications with your former employer.
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Keep track of applicable filing deadlines.
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Preserve evidence without taking confidential company information.
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Consider legal advice if you believe your termination violated your rights.
