The Dos and Don’ts of Wrongful Termination
If you believe you have been wrongfully terminated, DO:
- Get reference letters from your supervisors.
- Ask your employer to give you a written explanation for your termination.
- Return all company property including all company documents.
- Seek advice from a wrongful termination lawyer if you have any questions about whether or not your termination gives rise to a legal claim.
- Review your non-compete agreement, if any, and consult with an employment attorney about its enforceability if this is an issue for you.
- Write down the names and contact information of other company employees who are valuable contacts or who, if you are considering legal action, may be witnesses in your case or have similar legal claims.
- Be careful with respect to any verbal or written statements you make to company employees and remember those statements may later be used against you.
- Openly express your anger or make any threats.
- Sign a release of claims unless you are certain that you do not want to pursue legal action. Consult an employment lawyer first if possible.
- Assume that you won’t be able to negotiate better terms for your severance arrangement. If possible, seek the assistance of an employment lawyer to neogtiate your severance.
- Say or do anything that provides your employer with “cause” for your termination. Even though you may have already been given notice of your termination, continue to respect all company rules.
- Take any company documents that are not yours, even if they’re needed to “prove your case.”
- Send any written complaint or grievance letters to company officers, human resources (HR), or managers without first consulting an employment lawyer for advice.
- Write any flattering letters to your boss or to the company if you are considering taking legal action.
Filing a Wrongful Termination Claim in California
If you have not received all the back wages and commissions due you, make a formal written demand on the company including your name and address where the wages and commission may be sent to you. If you still do not receive anything, see an employment attorney as soon as possible.
If you think you may have been discriminated against with regard to your termination on the basis of age, sex, religion, race, national origin, or disability, you may need to file a charge of discrimination with the EEOC within 300 days of your first notice concerning your termination. While you can file a charge without legal representation, you should seek counsel to help you in this process.
While it may seem impossible to challenge your former employer for letting you go, both state and federal laws exist to protect you from termination under certain, “wrongful” circumstances. Benton Employment Law is prepared to zealously advocate for your rights and fight for the compensation you need and deserve.
We represent clients in Oakland and throughout Northern California. Contact us today to book your free case evaluation.