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Can you sue an employer for wrongful termination?

On Behalf of | Aug 25, 2023 | Employment Law

California businesses are required to obey federal and state employment laws. However, in spite of it being illegal to terminate workers based on certain criteria, some employers do just that. These are examples of when you can sue an employer for wrongful termination.

Any type of discrimination

Certain characteristics are protected by law, making it illegal for employers to discriminate against workers based on them. These characteristics include race, color, religion, sex, pregnancy, age and disability status. An employer is prohibited from treating employees differently based on any of these traits. Discrimination can include refusing to promote or give a raise, excluding someone from a project and generally treating a worker differently in an unfair manner.

Some wrongful terminations occur because an employee made a complaint against the employer. For example, serving as a whistleblower to complain about unethical or illegal practices is considered protected. As a result, if the employer terminates that employee, it’s considered retaliation and falls under the wrongful termination category.

How to sue an employer for wrongful termination

If you were fired and believe you were the victim of wrongful termination, you might want to file a lawsuit against your former employer. However, before you do that, it’s crucial to determine what you want out of potential litigation. Do you want your job back? Often, this is the goal of a wrongful termination case, which can take a long time.

For your case, it helps to have evidence to back up your claim that the termination occurred as a result of discrimination. Anything that could strengthen your case such as emails, memos, other paperwork and even voicemails and texts should be included.