If you are like most people, your job is your lifeline. You need your paycheck to pay for rent, food, and utilities. If you have been fired or if you think you are about to lose your job, you may be pretty anxious about your future.
If you think you were fired unfairly, you are probably also hurt and upset. Depending on the reason you were fired, you may be able to sue your employer for wrongful termination.
Did you have a written contract?
Breach of contract is an easier case for an employee to win when they are suing their employer. If your contract specified certain dates that you could count on work in a paycheck, you might be able to take your employer to court.
An employment contract will generally specify certain conditions in which an employer can terminate the agreement without having to pay the employee anything. It should also have a clause that specifies the amount of money that the contractor will get if the job is canceled.
In most cases, you will not have a written contract with your employer. Even if you did not have a written contract, you might have an implied contract. An implied contract basically exists when you and your employer have an unwritten understanding of certain rules of the job.
Some companies have set standards for their employees. If an employer violates the standards, there is usually a protocol they follow before getting fired. For example, a salesperson may have to make a certain amount of money a month for the company, and if they do not, they will be written up. If they have so many write-ups in a certain time period, they may be fired.
If other employees were given three chances to get their numbers up to par and you were only given two, you may be able to sue your employer for wrongful termination.
Were you discriminated against?
It can be hard to tell if a coworker or manager is prejudice nowadays. Blatant discrimination has been replaced by microaggressions and subtle slights. If you think you have been passed up for a promotion or denied a raise because of your religion, race, sex, gender, age, or disability, you can file a complaint with the EEOC. If they investigate that complaint and think that it is valid, you may be able to sue.
What evidence do you have?
According to the average wrongful termination law firm compiling evidence is very important when you are trying to build any discrimination case. You should save records of such things as sales stats, pay raises, and communication between you and your boss.
You should collect evidence of any meetings from which you were excluded. If you have documentation of promotion opportunities you were not made aware of, you should give it to your lawyer.
You will want to find an employment law firm that has plenty of experience with wrongful termination in California.
People come to California from all over the country thinking that they will experience sunshine and a laid-back vibe. In actuality, there is a great difference between the haves and have-nots, and there is plenty of competition for jobs. Employers often think that they can treat workers any way they want. Now is your chance to show them that everyone needs to be treated with respect.