Per the at-will employment policy in California, employees and employers choose to work with one another out of their free will, and they can legally end the working relationship at any time for any reason. However, there are some exceptions to the at-will policy. Employers cannot dismiss their employees for reasons that are in violation of public policies and the work agreement terms.

You may want to explore these possibilities if you have been fired from your job and think it was unfair or wrongful. It is advisable that you consult a wrongful dismissal lawyer and have him or her review your case. The lawyer will let you know if you have grounds to sue your employer.

What is unfair dismissal?

Unfair dismissal occurs when the employer fires you from your job without having a fair reason for the termination. When you approach a wrongful dismissal lawyer, he or she will check if your employer used the wrong procedure when handling the dismissal. The employer may have fired you for exercising your legal rights, wanting to exercise your rights, or participating in legal activities not approved by the employer. For example, you may have filed a complaint, reported illegal activities in the workplace, or refused to do anything illegal.

The employer may have dismissed you for reasons related to your age, gender, race, national origin, religion, marital status, sexual orientation, disability, or medical condition. If an employer fired you for one of these reasons, you could be looking at an unfair dismissal case.

What is wrongful dismissal?

As the wrongful dismissal lawyer will inform you, wrongful dismissal is getting fired from your job without receiving your legal entitlements. You can find these special entitlements outlined in the Employment Standards Act. You may also find the listed in the work agreement you signed with the employer during the hiring process. It is advisable to check if you are entitled to receive a legally mandated severance payment from the employer when they dismiss you from your position. If your employer has avoided paying this amount to you, it is a case of wrongful dismissal.

What is the difference between unfair dismissal and wrongful dismissal?

People often use the terms unfair dismissal and wrongful dismissal interchangeably, but as the wrongful dismissal lawyer will tell you, there are differences between them. It is unfair dismissal when the employer dismisses you without having a fair reason for doing so, or they may have a valid reason but used the wrong procedure for the job termination. The claims for wrongful dismissal occur after the employer has issued the dismissal notice to the employee.

The wrongful dismissal lawyer will review your case and attempt mediation with your employer. If that does not work, they will file a claim on your behalf with the California Department of Fair Employment and Housing, which enforces the California Fair Employment and Housing Act (FEHA), or with the federal U.S. Equal Employment Opportunity Commission (EEOC). If that fails, you can file a lawsuit.