You have been fired from your job.
Do you have a case?

There are many things an employer can do to expose himself to a wrongful discharge suit. Employees can receive many different types of damages if they have been wrongfully discharged.

Attorney Douglas Hurt knows the steps that must be taken to bring a wrongful termination claim.

At-will Employment

Although California is an at-will state, meaning employees can be fired without reason at any time, there are still situations in which an employee can file a wrongful termination lawsuit against his or her former employer. Laws protecting employees from wrongful termination are covered in the California Fair Employment and Housing Act.

If you have a written contract or other statement that promises you job security, you have a strong argument that you are not an at-will employee. For example, you may have an employment contract stating that you can only be fired with good cause or for reasons stated in the contract. Or, you may have an offer letter or other written document that makes promises about your continued employment. If so, you might be able to enforce those promises in court.

Implied Employment Contracts

The existence of an implied employment contract is another exception to the at-will rule. Implied contracts have been found where employers promised “permanent employment” or employment for a specific period of time or where employers set forth specific forms of progressive discipline in an employee manual.

In deciding whether an implied employment contract exists, courts look at a number of things, including:

• duration of your employment
• regularity of job promotions
• history of positive performance reviews
• assurances that you would have continuing employment
• whether your employer violated a usual employment practice in firing you—such as neglecting to give a required warning, or
• whether promises of long-term employment were made when you were hired.