Proving wrongful termination can be a challenge, but knowing your rights in these situations is critical. If you give notice to your employer, you may not believe that they can terminate your employment or fire you. Perhaps you wanted to leave your job on good terms, move on to something else, and do so without causing a rift. Here is what you need to know about these types of claims. Talk to a San Francisco employment attorney from The Armstrong Law Firm today.
Employment Contracts and Notice Periods
When ending employment, the notice period listed in your employment contract plays a role in what is considered wrongful termination. Most of the time, there is a two-week notice that allows an employer to find a replacement for you after you leave. Notice periods are a standard type of employment practice and are outlined within the contract.
Employers Do Not Have an Obligation to Honor Your Request
When you submit a notice to your employer, providing that two-week notice that lets the employer go to work to find a replacement for you. However, in California, the company is not legally obligated to honor the full notice when you decide to leave. That means that they could stop providing you with honors before this or let you go sooner than the time period you provided. Company policy plays a partial role in this process.
There May Be Some Situations Where Wrongful Termination Can Occur
If an employer fires you during that time frame and does so due to some type of misconduct, for example, if they violate other laws related to wrongful termination, it could be used against them. If your employer fires you before the agreed-upon timeframe and does not provide you with a clear reason for it, you may be able to contest the termination and seek legal clarification on your rights.
Wrongful Termination is Complicated
If you believe you are the victim of wrongful termination – no matter if you gave notice or not – it is critical to hire a San Francisco wrongful termination attorney to guide you. Notice periods do not require legal support, and most of the time, your employer will not subject you to less than the notice you are given. Yet, if they stop employing you for no reason, and you can show that this was a form of retaliation or other unjust means, that could help you obtain legal action against them. You need to know what wrongful termination is and how it plays a role in your specific case. That is, if you are fired because of sexual harassment claims you make, that is illegal. If you are fired because of unlawful retaliation after filing a claim against the employer, that also provides you with verifiable evidence that you were wrongfully terminated. In all of these cases, having an attorney could be critical to protecting your rights to fair compensation. Because California is an at-will employment state, there is a lot of leeway for employers. You need a wrongful termination attorney to help you determine what your specific rights are.