Wrongful termination is a confusing part of the law. A foolish or vindictive firing doesn’t always mean a wrongful termination in Oakland, California. If the reason an employee loses their job isn’t about work, it could be a wrongful termination. It’s important to understand the law when proving wrongful termination.
What’s a wrongful termination
When an employer violates a company policy or the law when firing an employee, that’s wrongful termination. In most states, there is at-will employment, which allows an employer or employee to end their employment for any reason. The reason doesn’t matter if the termination doesn’t break the company’s policy or the law.
Reasons for wrongful termination
There are certain situations where the law protects wrongful terminations. Breach of contract is when a company breaks a written statement that conflicts with the employee handbook. Insults about race, sex, religion or age are harassment. Retaliation for any reason is also harassment. Discrimination for those reasons is also illegal.
Constructive dismissal is when an employer manipulates the environment for an employee to quit. A firing that ignores any public policy is a violation of the law and the employee’s rights. If an employer asks an employee to break the law, they can’t fire them for refusing. The law protects whistleblowers from retaliation termination.
Identifying wrongful termination
There are ways to find the reasons for termination:
- Know your regulations
- Review the employee contract
- Ask Labor departments or Unions
- Ask human resources department
If a person thinks they’ve been wrongfully terminated, there are ways to prove the action. Gathering documentation of the events help to analyze the situation. Don’t talk about wrongful termination with co-workers. There’s no specific wrongful termination law to protect employees because there’s a collection of protection from state and federal regulations. They get protection from company policies as well. There are several ways an employee can do to prove wrongful termination.