What to Do If You Were Fired Without Cause?
If you are the victim of wrongful termination near San Jose, you need to meet with an employment attorney to determine whether or not your employer was able to terminate you without cause. California is an “at-will” employment state, but this generalization does not apply in every employment situation. If you and your employer agreed that you would work for a certain period of time, employment law typically requires your employer to provide cause for termination.
Government employees as well as employees in a union also require cause for termination, even if they are at-will employees. In addition, termination due to sexual harassment or whistleblower retaliation is also exceptions to the “at-will” employment law doctrine. An employee may also file a wrongful termination claim if his or her termination was retaliation for requesting overtime pay. The best way for a terminated employee to assess the validity of his or her wrongful termination claim is by meeting with an employment lawyer. The employment attorney can determine whether the circumstances surrounding the termination fall into one of these “at-will” employment exceptions.