Wrongful termination is when a company fires an employee for illegal reasons. Even employees who can be fired for any reason (called “at-will”) are protected from being fired illegally by federal and state rules. It can be hard for workers to prove they were fired unfairly because employers may try to pass off illegal dismissals as decisions based on performance.

Employment disputes are widespread in San Francisco, where the tech and business sectors thrive. People who think they were fired illegally can get help from lawyers who know the regulations in their area. A San Francisco wrongful termination attorney can assess a case, identify violations, and guide workers on what they need to do to protect their rights.

Types of Wrongful Termination

If firing someone breaks the law or established agreements, it may be considered wrongful. Some common examples are listed below for better understanding:

• Discrimination: This is when someone is fired because of their race, gender, age, religion, disability, or another protected trait.
• Retaliation: Losing your job because you reported illegal behavior, unsafe working conditions, or harassment at work.
• Contract Violations: Termination that breaches a job contract, whether it’s written or implied.
• Public Policy Violations: Being dismissed for refusing to break the law or use their legal rights, such as taking medical leave or jury service.

What to Do After Being Wrongfully Terminated

If a worker thinks they were fired unfairly, they should act quickly and methodically to protect their case. These steps are:

1. Document Everything

• Keep copies of your performance reviews, emails, and any other messages that have anything to do with your termination.
• Note instances of discriminatory behavior or retaliatory actions.
• Keep track of the procedures and policies of the company that were broken when you were fired.

2. File a Report with Relevant Agencies

• If there was discrimination, file a claim with the Equal Employment Opportunity Commission (EEOC).
• For whistleblower retaliation, contact the Occupational Safety and Health Administration (OSHA).
• Report to the Department of Labor or your state’s labor department about your firing if it violated wage rules or your rights at work.

3. Seek Legal Advice

• A wrongful termination lawyer can look at your case, help you gather evidence, and make claims on your behalf.
• Legal experts can also question an employer’s stated reason for firing someone and show that it was just an excuse for firing someone illegally.

How to Prove Wrongful Termination

To fight back, workers must prove that  they were fired illegally. Useful proof includes:

• Employment contracts that show a breach of agreement.
• Communications, like emails or voicemails, showing illegal motivations behind the dismissal.
• Performance reviews or comments from witnesses that disprove claims of poor job performance.
• Records that show unequal treatment compared to other workers.

For instance, if an employee was fired soon after making a safety report, that could be a sign of retaliation. A worker’s case can be strengthened by gathering thorough evidence and witness statements. Additionally, the assistance of a lawyer is also helpful in fighting a wrongful termination.

Guest writer.