Job Termination Rights FAQ

One of the most common violations of employment rights is wrongful termination.

Wrongful termination refers to situations where an individual’s employment was terminated for unlawful and invalid reasons.

Wrongful termination is a result of not respecting or ignorance of job termination rights of employees.

Some of the most common cause of wrongful termination are:

• Discrimination
• Harassment
• Nepotism
• No due process

To understand wrongful termination, here are answers to some job termination rights FAQ:

How do I know if I was wrongfully terminated?

The best way to know if you have been terminated is to consult an employment law attorney.

There are instances where you might think that you are discriminated upon but it is not protected by law, so you were not really wrongfully terminated.

In another example, even if there is some justification in your termination, if the employer did not follow the company policy in your firing, then you may still have a wrongful termination case.

What laws protect me from wrongful termination?

Generally, the federal and state discrimination laws protect you from being a victim of wrongful termination such as:

• Article VII of the Civil Rights Act of 1964 – Protects you from being terminated based on your sex, race/color, religion, and national origin.
• Americans with Disabilities Act (ADA) – Protects qualified employees from being terminated based on their disability.
• Age Discrimination in Employment Act (ADEA) – Protects employees aged 40 and above from being terminated based on age.
• California Fair Employment and Housing Act (FEHA) – State law that prohibits termination based on disability, age, sex, religion, national origin, and race.

Can at-will employees file wrongful termination?

Yes, there are three exemptions where at-will employees can file wrongful termination.

Here are three actions of employers that can be used a s cause for wrongful termination:

• Breach of implied or express contract
• Breach of covenant of good faith and fair dealings
• Undermining or breaking existing federal and state laws

Are there options other than filing lawsuits?

Yes it is actually recommended that you exhaust other avenues before filing a lawsuit against your employer like:

• You can negotiate for a fair severance package from your employer so that you will not be in too much difficulty after being terminated.
• Some employers also stipulate in employment contracts that all employment disputes must first be resolved through alternative dispute resolution (ADR) processes like mediation or arbitration.
• If the case is still not resolved by then, then a lawsuit can be your last recourse.

You should have a lawyer with you in any of the steps above.

What can I get from filing a lawsuit?

You most likely won’t be able to get your job back as the court does not have the power to reinstate you.

However, you will get compensation for damages, which may include:

• Back pay
• Economic damages such as lost income
• Non-economic damages such as pain and suffering
• Contributions to pension account
• Punitive damages of the employer’s actions were reckless, malicious or intentional

Consult your Los Angeles personal injury lawyer for more details.


The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.