The right way to get fired

The loss of a job can be a very stressful and overwhelming experience. However, it is important to understand that terminations must follow specific legal procedures to protect employees and employers. In California, employment laws outline the proper process for dismissal to ensure fairness and transparency. Here, we explain what constitutes a lawful termination and what to do if you believe your rights have been violated.

Legal Grounds for Termination

California follows an “at-will” employment system, meaning employers can terminate employees at any time for almost any reason, as long as it is not illegal. However, there are exceptions:

• Discrimination: An employer cannot fire someone because of their race, sex, age, disability, or any other protected characteristic.
• Retaliation: Terminating an employee for reporting workplace violations or exercising their legal rights is unlawful.
• Breach of contract: Breach of contract: If there are specific terms of termination in an employment contract, the employer must respect them.

Proper Dismissal Procedures

Even in at-will employment, dismissing an employee must follow ethical and legal standards:

1. Notice and documentation: Employers should provide a written explanation of termination, although not always required by law.
2. Final paycheck: California law requires that employees receive their final wages immediately upon dismissal.
3. Severance agreements: In some cases, employers offer severance packages, but they are not mandatory unless specified in a contract.
4. COBRA benefits: Employees should be informed about their rights to continue health insurance coverage under COBRA.

What to Do If You Are Wrongfully Terminated

If you suspect your dismissal was unlawful, take the following steps:

• Request written documentation: Ask your employer for a termination letter stating the reasons for your dismissal.
• Gather evidence: Collect emails, performance reviews, and witness statements that may support your claim.
• File a complaint: Contact the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC) to report any violations.
• Seek legal counsel: An experienced professional can help you evaluate whether you have grounds for a wrongful termination lawsuit.

How Lara & Luna APC Can Assist You

At Lara & Luna APC, we protect the rights of employees who have been terminated unfairly. We assess each case thoroughly and fight for justice on behalf of our clients. Contact us today for a free consultation if you believe you have been unfairly dismissed.

Understanding your rights and the proper procedures for dismissal can help you navigate this challenging situation confidently. Ensuring fairness in termination benefits both employees and employers, creating a more just workplace for all.mpleados como a los empleadores, creando un lugar de trabajo más justo para todos.