Getting fired from your job is never an easy experience for anybody, especially if you are the sole provider in your family. It is normal to run through an entire gamut of emotions, from incredulity to anger to despair. The experience seems even worse when you think your dismissal was illegal and violates federal and state anti-discrimination laws. You may decide to search on the Internet for “employee wrongful termination lawyers” and get legal advice about your options.

While you should certainly speak to a lawyer about your situation, it is important to understand that wrongful termination does not automatically mean unfair from the legal point of view.

Five things employees get wrong about wrongful termination

Here are five things that many employees get wrong about wrongful termination:

1. Any unreasonable termination is wrongful termination

In California, unless you have a written work agreement that states otherwise, employment is on an at-will basis. That means it is legal for employers to fire you from your job for any reason or without any cause. For example, your employer might fire you because they want to hire someone else for that position or because you spend your work hours chatting on your smartphone.

On the other hand, if you have a work contract that states that the company can fire you only for specific reasons, it is not legal for the employer to fire you for any other reason not listed in the contract. Additionally, they cannot fire you in violation of anti-discriminatory public policies.

2. Only women can file a wrongful termination claim

Some employees assume that only women can file a wrongful termination claim after being discriminated against, but that is not the case. Anyone can face workplace discrimination for age, gender, nationality, ethnic origin, religion, marital status, disability, or health condition. Anyone may experience sexual harassment in the workplace. And that means that anyone who is fired for discriminatory reasons and can prove it with verifiable evidence can file a wrongful termination case against their employer.

3. The employment law protects you from age discrimination

You are mistaken if you assume that the Age Discrimination Act of 1967 automatically protects you from discrimination in the workplace if you are over 40. The Act applies only under specific circumstances. For instance, the Act is applicable if a private employer has 20 or more workers and employs them for at least 20 weeks in a year. If your employer employs less than 20 workers in a year, they may not come under the Age Discrimination Act of 1967, which means that you may not be able to sue them for age discrimination.

4. Employers will settle at once if you file a wrongful termination case

If you assume your employer might settle quickly to avoid the bad publicity that could come with a wrongful termination case, you might be wrong. Large companies have very competent lawyers to handle their legal issues, and they may play tough. Unless you have celebrity status or some other public cloud, your matter is probably not going to create much of a stir in the media. You might find yourself at the wrong end of the law and sue for defamation.

So, before filing a wrongful termination case, think carefully and determine if you can back your claims with strong evidence that can withstand scrutiny in court.

5. You cannot sue your employer if you quit your job

Many employers have the mistaken belief that they cannot sue their employer for wrongful termination if they quit their job. Actually, in some circumstances, you can. For example, you might have felt compelled to quit your job because of an intolerable work environment. You may have faced workplace hostility, unsafe work practices, or unhygienic work surroundings. You may have received work assignments that are impossible to complete with the available workplace resources.

In such cases, you may have had no other option but to resign from your job position. And since the employer is at fault here, you can sue them for wrongful termination. However, you should be able to prove with strong evidence that the employer had malicious intent and deliberately created an intolerable work atmosphere to coerce you to resign.