FAQs on Wrongful Discharge

What is wrongful termination or discharge?

A wrongful discharge occurs when an employee gets fired for unlawful reasons. In this case, an employee may be able to recover monetary damages or severance package from his employer.

What makes a discharge wrongful?

Usual reasons behind a wrongful termination include discrimination (based on gender, race, national origin, age, disability, or religion), retaliation for making a workers' compensation claim, employee serving on a jury, non-compliance to an illegal directive of the employer, or as a form of sexual harassment.

Can an at-will employee sue for wrongful termination?

In many states, an employee is automatically considered as “at-will,” or those without a fixed term of employment, which means both parties –whether employer or employee - may end the employment relationship at any time for any reason.

But an at-will employee may still be fired for unlawful reasons and they can still sue for that. For example, employees cannot be terminated if they choose to do protected activities like pregnancy leave, family leave, or military leave.

What courses of action are available to employees who have been wrongfully discharged?

Before even considering legal action, the employee may attempt to negotiate for a severance agreement first. He will receive compensation for that. But there are those employees who may choose not to enter into negotiations for settlement and just go on with a lawsuit. Terminated employees may consult with Los Angeles wrongful discharge attorneys to determine whether a lawsuit is in order or not.

Can an employee who has a wrongful termination case look for a new job?

Employees are required under law to mitigate the damages they experienced by looking for other employment opportunities even while the lawsuit is going on. It does not have to be something that is way beneath the former work; at least something in which the employee is qualified for.

Keep a record of every attempt made to apply for a job, like a newspaper advertisement, resumes sent, telephone calls made, etc. Do not forget to include the date, name of the company, name of the individual contacted, position applied for, and the company's response.

What can an employer do to protect the company from wrongful termination claims?

Sometimes, even when an employee is terminated for all the right reasons, the employee would still attempt to bring a wrongful discharge claim against his former employer. In defense, the employer should find any or all documents about the employee’s performance, like memos and disciplinary actions, especially if he was terminated due to poor performance or adverse behavior. Speaking with an attorney would also help.


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