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I was recently fired from my job without any warnings or negative performance reviews. Was I wrongfully terminated?
Being fired out of the blue or even after getting positive performance reviews does not necessarily constitute wrongful termination. Employers are not required to give at-will employees any advance notice or warnings before firing them. That said, an employee with a good record, fired out of the blue or for a suspicious reason, may wish to consider whether the employer had an illegal, hidden motive for the termination.
Wrongful termination occurs under specific circumstances when an employer terminates an employee for an illegal reason. The employer may have acted illegally if an employee is fired because of discrimination, harassment, breach of employment contract or other reasons that violate federal or California employment laws.
In order to have a wrongful termination claim, the employee must prove the employer’s differential treatment of them was motivated by their membership of a legally protected class, including sex, race, color, age, national origin, disability, serious medical condition, pregnancy, family status, religion or sexual orientation.
An employee may also have grounds for a wrongful termination lawsuit if they were fired or retaliated against for complaining about an employer’s illegal activities, refusing to engage in criminal acts or filing a discrimination or harassment claim. For example, an employee may have acted as a whistleblower when reporting wage or safety violations in the workplace.
If an employee is fired due to the above circumstances, and not for a legitimate reason, they may be entitled to seek damages in court by filing wrongful termination claim.
McCormack Law Firm is an San Francisco law firm serving all of Northern California and specializing in the field of employment law. We have extensive expertise in helping people who have been wrongfully terminated and retaliated against recover their damages.
Related Employment Law FAQs:
- Can I sue for wrongful termination if I was forced to quit my job?
- Can my boss fire me for complaining about workplace safety?
- How can a lawyer help me with my wrongful termination claim?
- I was fired without warning. Was I wrongfully terminated?
- If I quit my job because of intolerable conditions, do I have a case?
- Is California An “At-Will” Employment State?”
- Is my employer allowed to fire me for complaining about discrimination or harassment at work?
- Is my employer allowed to fire me for no reason?
- What should I do if I have been unfairly fired?
- What types of damages can I get in a wrongful termination lawsuit?
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Client testimonials
This law firm was the only one to answer the phone out of the 15-20 law firms that I called that day. I had a wrongful termination case and Bryan really took the time to listen and understand what happened in my situation, and he knows the law to a T. – Shanic M.
I was owed wages and overtime and my employer refused to pay me. So I hired them to file a lawsuit. Bryan easily understood my very complicated case and I am happy with the results. – Ebi Z.
I didn’t have to pay anything, the firm took the whole risk of managing the case. Through the 14 months, Bryan always kept me updated, was very responsive and patient to questions I had. We achieved a resolution out of court in my favor, making me even happier about the experience. – Peter S.
I can honestly say that my experience with Bryan was all the way positive from day one… We had very high expectations about our case and in the end we got what we hoped for. – Roger J.
I won my trial and I got more than I expected. Everyone in the office is so nice and helpful. Even after everything was finished I could call a few weeks after and ask questions to make sure I was protected and they are more than helpful. – Husain N.
I never had to pay Bryan anything up front, nor was ever pressured to settle early. We ended up settling morning of the trial. Bryan is a really sharp, aggressive, seasoned attorney and knew the law inside and out about whistleblower cases. – Kyle B.
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