Unfortunately for most of us, having a job is a duty that we face every week. And as employees, we know that getting fired from your job is not ideal for future employment options. However, certain reasons for getting fired are not valid in the eyes of the law and you may have the option for legal recourse.

What is Wrongful Termination?

Wrongful termination can happen for a number of different reasons. According to the San Francisco wrongful termination lawyers at Rukin Hyland, if your employer fired you for one of the following reasons, you might be able to file a lawsuit:

1. Retaliation for taking allowed vacation, sick time, breaks, pregnancy leave, or filing a workers’ compensation claim

2. Retaliation for reporting illegal activity or some type of safety or ethical violation

3. Breach of an employment contract, either written or spoken

4. Discrimination for beliefs, gender, race, or age

There may also be instances where a job is made so miserable and intolerable by an employer that the employee has no choice but to quit. This is called constructive discharge and is treated the exact same way as a wrongful termination claim so employers cannot force you out of a position without ever actually firing you.

At-Will Employment

Although the above criteria may seem straightforward, it can become a little less clear if the employee is an at-will employee. Most employees in the United States are at-will, meaning that your employment can be terminated without warning or cause. Just as an employee can give their two weeks’ notice without providing a reason, so too can employers fire their employees without a concrete reason. Most of us signed some form of contract during our first week of work stating exactly this point and even if you chose not to sign the contract, most courts will still decide in your employer’s favor.

Therefore, although the idea of wrongful termination and at-will employment exist side by side, they seem to directly conflict with each other. One says that there are reasons that you cannot be terminated, while the other says you can be terminated at any time. 

At the end of the day, it all comes down to the ability to prove the reason you were fired with concrete evidence. An employer may very well fire you because of your gender, religious beliefs, or in retaliation for taking too many sick days, but if there is no evidence to support that claim, then your case will not hold up in court. In fact, many employers are smart and will not give you a reason for your firing because if your case does go to court, they do not have to worry about contradicting anything that they may have said. 

Because of this, it is imperative to document and collect as much evidence as possible. Did your firing come after a specific or controversial event? Was your performance up to standard and you were still fired? These are all great questions to ask yourself if you believe you were unlawfully terminated. If you have proper evidence and can defend your claim, speak with an attorney and see if they can validate the merits of your case.