A California employee may have legal protections if fired under unlawful circumstances. Keeping records of workplace events and communications can help document what happened before and during the termination. These records may also help support a potential wrongful termination claim.
Practical steps after a wrongful termination in California
Taking clear, timely actions after termination can help an employee maintain control over their story and protect important legal rights. Even though a termination is a hard time, the employee may have to do the following steps to make a strong future claim:
- Keeping records of workplace problems: Employees should save important records. These may include emails, texts, performance reviews, disciplinary notices and complaints to a supervisor or HR. They should also create a timeline of key events. This can include when they reported workplace problems or engaged in other protected activity.
- Documenting the reason for termination: Employees should keep any termination letter or written explanation from the employer. They should also write down what happened before the termination while it’s still fresh. If the employer’s explanation changes or if discipline happens soon after a complaint, this can matter when reviewing a wrongful termination claim.
Limiting discussion of the case: Employees should avoid discussing the dispute with coworkers, potential witnesses or on social media. They should not delete, alter or destroy messages, documents or other employment-related information. These steps may help preserve evidence for an attorney’s review.
By following these steps, an employee can create a clear, organized record that strengthens their position if they decide to pursue legal action.
Understanding which law applies and when to act
In California, wrongful termination claims may involve discrimination or retaliation under the Fair Employment and Housing Act (FEHA). They may also involve public policy violations or whistleblower protections under the California Labor Code. The applicable law depends on the specific facts. An employment attorney familiar with California law can review the available evidence and explain whether it may support a claim.