Do I Have A Wrongful Termination Case If I Was Fired Without Notice?

There have been instances when I’ve spoken to an employee who was let go without warning. There was no notice given. They were simply asked to enter a room and then informed that they had been dismissed. Employees are considered to be at-will under California law, which means that they can be dismissed for any reason, as long as it isn’t illegal and there is no notice period required. However, while you as the worker may quit today and not show up the next day, an employer can do the same to you. They might let you go today with the hope that you will never return. There is no requirement for them to give you notice in California, with respect to the amount of notice they are required to give.

If they fire you, you are entitled to all of your earned money up until that point. If they let you go, make sure they have a check waiting with all of your wages, including that day’s pay. If they don’t do so, you may be entitled to Labor Code §203 penalties, which are waiting time penalties. It should also be mentioned that if you were fired out of the blue, you should consider why you were let go. If you informed them that you were going on medical leave or complained about conduct that you feel was unlawful or dangerous, and you believe there was a legitimate cause for your termination, speak with an attorney. Don’t be concerned if you believe the situation will come down to your word versus theirs.

Don’t let the fact that you were fired out of the blue, or that you were dismissed with notice and believe it was for an unlawful cause, keep you from speaking to a lawyer. If you have any questions about your recent firing, please contact Wrongful Termination California.

Can I Be Fired If I Have A Contract With My Employer?

While the majority of employees in California do not have contracts, certain individuals in California do. Some of these contracts are for a specific amount of time, such as a year or a single profession. The issue is whether they have the right to terminate the contract. It’s a fact-intensive problem of reading the contract and trying to figure out whether or not the employer could have you quit working, and if so, whether it has an impact on whether or not they are required to pay you for the remainder of the contract or for a specific length of time in the future. Sometimes, the contract contains just cause provisions that allow them to terminate you if they provide evidence of just cause. What’s apparent in California is that, whether you have an employment contract or are considered at-will, all workers—both contract employees and at-will employees—are protected by state law from wrongful termination, unlawful harassment, and discrimination.

It’s critical for you to know your rights if you have a contract or are an at-will employee. There is a time at the end of your employment when your supervisor or HR will ask you to sign another document called a separation agreement, in which they’ll give you money. It’s sometimes two weeks, it’s occasionally a month, and it’s frequently longer. Understand that if they’re doing this, it implies you must release your claims. You’ve probably heard that you can’t fire someone without cause. That’s not entirely true. If you sign the agreement and accept the money, you may be releasing the firm from any and all liabilities. Wage claims for them unlawfully paying you while you worked there are also possible, as well as wrongful termination. They want you to agree to your claims in order for you to be able to sue them again.

If you’re asked to sign an agreement after your employment is finished, it’s critical to know what rights you have and what rights you’ll be relinquishing. If you sign a contract at the start of your employment, be aware that this does not negate your legal options. I strongly advise you to consult with an attorney. Please feel free to contact Wrongful Termination California. We can discuss those issues if you give us a call.