The holiday season is often a time for reflection, gratitude, and looking forward to the new year. But for some, it brings an unexpected and devastating blow: a wrongful termination. Being let go from a job—especially right before Thanksgiving or Christmas—can feel like a cruel twist of fate. It’s not just about losing a paycheck; it's about the emotional toll, the uncertainty, and the feeling of injustice.
If you’ve found yourself in this difficult situation in California, know that you are not alone. You have rights, and there are concrete steps you can take to fight back. The time after a wrongful termination can feel overwhelming, but staying calm and taking action is crucial.
Step 1: Secure Your Documents
Before you do anything else, make sure you have copies of all relevant work documents. This includes:
Your employment contract or offer letter
Performance reviews and evaluations
Any written warnings or disciplinary notices
Your employee handbook
Emails or other communications related to your termination
These documents will be essential for building your case. If you have electronic files, save them to a personal device immediately.
Step 2: Understand the Law
California is an "at-will" employment state, meaning an employer can terminate an employee at any time for almost any reason. However, there are important exceptions. A termination is considered wrongful if it is based on illegal discrimination, such as age, gender, race, religion, or disability. It is also wrongful if it is retaliation for engaging in legally protected activities, like reporting sexual harassment, blowing the whistle on illegal company practices, or taking medical leave under the Family and Medical Leave Act (FMLA).
Knowing the law is your first line of defense. Take some time to understand the protected classes and activities under California law.
Step 3: Document Everything
Your memory is an important tool, but it's not enough. Write down a detailed account of everything that led to your termination. Include dates, times, names of individuals involved, and what was said. This is especially important if you suspect your termination was related to discrimination or retaliation.
Consider these questions as you write:
What was the official reason given for your termination?
Did your employer give any warnings or opportunities to correct performance issues?
Have you been a victim of discrimination or harassment? Did you report it?
Did you recently blow the whistle on an illegal activity?
Have you taken FMLA leave or requested a reasonable accommodation for a disability?
This log of events can serve as a powerful tool as you move forward.
Step 4: Don’t Sign Anything Without Legal Review
After being terminated, your employer may present you with a severance agreement. These agreements often come with a waiver of your right to sue the company. Do not sign anything without having a qualified legal professional review it first. Signing a severance agreement without proper legal advice could prevent you from pursuing a wrongful termination claim later on.
Step 5: Consult with a Legal Professional
This is the most critical step. Navigating California’s complex employment laws is not something you should do alone. An experienced employment law attorney can evaluate your case, help you understand your options, and represent you in negotiations or litigation. An attorney can also help you determine the best course of action, whether it's filing a complaint with the Department of Fair Employment and Housing (DFEH) or initiating a lawsuit.
Employment Attorneys in Encino Ready to Help
The holidays are tough enough without the added stress of a wrongful termination. Remember that you have the power to take control of your situation. You don't have to face this injustice alone.
If you believe you have been wrongfully terminated, take the first step toward getting justice. Contact Williams And Seemen, A Professional Law Corporation for a confidential consultation. Our experienced team is ready to help you understand your rights and fight for the compensation you deserve.
Call us today at (818) 536-7776 to get the support and assertive guidance you need during this challenging time.