What If My Employer Fired Me For No Reason?

Passive-aggressiveness is the lingua franca of Californians of every social and economic class. An employer may give you a good performance review that is laced with subtle digs. They may avoid meeting with you, and when they fire you, they may say it is due to circumstances beyond their control. When you press them for an explanation, they may evade the question and have you escorted out by security.

The Golden State has an “at-will” rule when it comes to employment. This means that an employer can fire an employee at any time for any reason. There are a few exceptions to the rule. If you have been fired or feel that you soon might be, you may want to familiarize yourself with the circumstances under which you can file a discrimination complaint or sue for wrongful termination. No matter what the circumstances of your dismissal, you have rights under California employment law.

Violation of a Contract

One of the clearest cut exceptions to the at-will rule is if you had a contract with your employer specifying how long your job would last and a certain set of conditions under which you could be terminated from the job. If they fire you, they may have to buy out your contract. Even if a reason for termination is specified in the contract, it may not be considered a legally valid one. You can click here for more information.

You may also be able to sue for a violation of an implied contract. Even if you did not have a contract specifying your dates of employment, there are some things that should be understood between you and your employer.

An implied contract may be broken if an employer violates their own policies. For example, if they have a “three strikes you're out policy” when it comes to making errors on the job, and they terminate you after you made errors on the job twice, it may be considered a violation of an implied contract. If you are a long-term employee with whom they have suddenly chosen to find fault, you may be able to sue them as well.

Reporting Illegal Activities of the Company

Major companies in the United States have been caught violating the law on more than a few occasions, and oftentimes, the FBI or the IRS was tipped off by someone who worked for the company. Whistle-Blowers are an important part of our justice system, and no employer may ever fire an employee for blowing the whistle on them when they have broken the law.

Violations of Civil Rights or Discrimination

Do you think your employer might have fired you because of the color of your skin, your sex, race, political beliefs, religion, or lack of religion? If so, you can file a complaint with the EEOC or the DFHEC.

If you think you were fired because you tried to organize your fellow employees into a union or if you were in the process of collective bargaining with a union representative, you would be able to sue.

Your employer is not allowed to dock you for taking off time from work to vote. They must allow you two hours to vote with pay on Election Day. You also must be given time off to serve if you are in the National Guard or Army Reserves.

Getting fired is never a fun experience. If you have been unjustly fired, you can fight back and show your employer that they are not above the law.