If you recently and unexpectedly lost your job, you are probably frustrated and a little bit angry. On the contrary, if this termination was not at all surprising, you might be onto something. Most states in the U.S, including California, are at-will states – this means that employers have the right to lay off workers without giving any reason or justification. However, if the employment contract states that your employer cannot fire without cause, then that is a different story. Either way, you may not be able to determine if you should make peace or fight back. Discuss your situation with a professional, such as Employment Law Attorney in Los Angeles, CA, to know if you have a case of wrongful termination, and what are your legal options?

Acknowledge the common misconceptions regarding the topic before you pursue litigation:

1.      Firing that seems unreasonable is unlawful

You might believe that you were the perfect employee, though your employer may not share the same opinion. Your boss may have assessed your performance on personal standards unknown to you, and thereby deemed you a misfit. The reason could be strictly professional or incline towards personal preferences; sometimes there’s nothing you can do even when the decision was based on pure malice. For instance, your employer could fire you because you struggle with following the dress code or take too many coffee breaks. The termination will not be considered unlawful, unless it was issued in relation to an illegal motive, such as discrimination or retaliation for whistleblowing.

2.  It is impossible to prove wrongful termination in at-will employment

While the at-will employment concept allows employers to fire staff without providing reason, the deed is not immune to workplace discrimination and worker’s compensation laws. Employment law grants rights to both employers and employees, so the law protects whoever is a victim of bad faith in legal terms. There are several ways to prove wrongful termination in at-will states, which you can learn about from an experienced lawyer in the field.

3.      I cannot Sue if I Quit

If you were forced or pressured to quit your job, you are the victim in this situation. It is understandable that you gave in your resignation in response to threats or abuse; this action does not deprive you of the right to seek justice. You can still file a wrongful termination claim or challenge the perpetrator in court with a lawsuit.

4.      Discrimination Laws are limited to women and minorities

Women and minority staff are frequent victims of discrimination at work, though they are not the only ones protected by discrimination laws. People of different ages, gender, race, religion, ethnicity, sexual orientation, social status, and physical/mental disabilities have suffered differential treatment, bullying, hostility, and harassment. The law will protect your rights and interests, regardless of your physical characteristics and origin.

5.      I don’t need a Lawyer because my case is straightforward

Confidence and optimism are admirable qualities, but they must not lead to unrealistic assumptions. No case of wrongful termination is that simple or perfect, but you might not see that until you actually confront the defendant at an official court hearing or trial. You cannot reach a quick and fair settlement without the involvement of a competent lawyer.

6.      Employment Law does not protect Independent Contractors

Whether you work for someone full-time or part-time, you do retain certain employment rights. Many employers list permanent workers as independent contractors to minimize legal liabilities; hence, you might be entitled to more benefits than you suppose. Even if you really are an independent contractor, you can still be wrongfully terminated and be enabled to claim compensation for it.