Telling the truth takes courage. It is also both a legal right and a moral obligation. If your employer fired you for refusing to withhold truthful testimony, here is what you need to know.
It is more than just wrongful termination
First, terminating you in retaliation for refusing to suppress truthful testimony violates California law that protects employees. Under the Tameny doctrine, no employer can legally fire you for exercising a legal right or fulfilling a legal obligation. Second, directing someone to commit perjury, asking you to withhold testimony, is a criminal offense and may constitute a felony under California law.
What evidence may support your case?
Evidence plays a key role in determining the fate of your case. The court may consider:
- The time gap between your termination and your refusal
- The employment history
- The statement of the witnesses who were present when directives were given
- The emails, texts or other communications related to the case
The stronger and more documented your evidence is, the better positioned you are to prove that you were terminated in retaliation.
What damages can you recover?
You may be able to recover more than just your paycheck. A successful case may entitle you to:
- Emotional distress damages
- Punitive damages
- Attorney fees
- Reinstatement
Depending on the facts of your case, you may recover some or all of these.
Why does time matter a lot?
Acting quickly is critical. California law sets strict filing deadlines and missing one can permanently bar you from pursuing your case, no matter how strong your facts are. An employment attorney experienced in wrongful termination can help you gather and preserve evidence, meet all critical deadlines and protect your rights.