It is hard to find good work nowadays. This is why, once you find work you should do everything to make sure that you get to keep it. However, there are times when just working hard is not enough, because there are always employment politics and favoritism at work.
As an employee you should know that you have a right to be protected against any type of unjust treatment at work. In worst case scenarios, harassment by employer can lead to your wrongful termination. Wrongful termination happens when an employee is terminated from work against public policy or in breach of contract of employment.
In determining whether you are wrongfully terminated, you should first know your employment relationship with your employer, i.e., permanent, temporary, contractual, etc. If you are a permanent employee or an employee with an employment contract and you are terminated by your employer in violation of your employment contract, then you are wrongfully terminated by your employer. Even if you are an “at will” employee in California, your rights are still protected by California employment and labor laws. As an “at will” employee, the law provides that you cannot be terminated if the reason would be tantamount to violation of public policy, which includes termination due to: harassment, retaliation or discrimination. Generally, at will employees can just leave at any time. In much the same way, an employer can sever the relationship at will. The law, however, provides that if an employer severs the relationship due to bias that is against public policy, then your employer is still violating employment laws against illegal termination.
Proving illegal termination is hard. As an employee discharged from work, you should prove that you are entitled to your work and that there are no reasons, contractual or otherwise, that justifies your employer from terminating you. You can show proof of your good work and employment ethics by showing past employment history, witness declarations from your co-employees as well as CCTV footage of any and all acts constituting harassment and/or discrimination at work against you by your employer which ultimately led to your being wrongfully terminated.
If you are terminated due to discrimination against you by your employer, either due to: age discrimination, racial discrimination, gender discrimination, disability discrimination, religious discrimination, pregnancy discrimination or national origin discrimination you need to show proof of your allegation that you are actually being discriminated against. After this, you need to show evidence to prove the damages and other losses you are claiming against your employer.
As an employee with a wrongful termination claim, you cannot negotiate your claims on your own because you definitely don’t have the bargaining power to do so. You need to be protected by top employment attorneys in California who have decades of experience in representing employees in said cases. Otherwise, you’ll just be frustrated with your claims. Even hiring lawyers who are not adept at handling wrongful termination cases can be detrimental to your claims as these lawyers might just compromise your claim for a quick turn-around of your case.
Also, you should know that not all wrongful termination acts are done directly or overtly by your employer. In cases of constructive discharge, the employer creates a hostile working environment which forces the employee to resign. If you are forced to resign for fear of your health or wellbeing, and your employer causes or permits the hostile working environment, then you have a right to claim damages against your employer, which may include reinstatement to work with full back wages plus damages.
Regardless if you are wrongfully terminated of constructively discharged, always seek professional employment and labor law assistance from top employment lawyers to get the best chance of obtaining justice against your unjust employer.