Have you been unfairly dismissed? When so many of us are now working from home, it is easier than ever to fire someone. Times are tough but with no face-to-face contact possible many firms have resorted to hiring and firing staff over text rather than bothering to even give them a call.
If you’re self-isolating, this can feel isolating and can really harm your mental health, particularly if you feel that you haven’t done anything wrong.
But don’t worry. Here’s how you fight wrongful termination in California.
- Hire a Great Lawyer
What’s the best thing you can do if you are in a situation where your employer has fired you? Get a good wrongful termination lawyer of course.
There’s no way that you can fight a case like this on your own. And your employer will no doubt have access to a team of lawyers to fight their case for them. If you try to fight it yourself then you’ll be unlikely to win.
Choosing the best lawyer can be a hard task. You could try Google. If you search for a specific employment lawyer in your area you will get a lot of entries back who fits your bill thanks to Search Engine Optimization (SEO).
But a lawyer that has a great blog and web presence doesn’t mean they will be the best lawyer. Still, also try and rely on old fashion methods such as recommendation. Ask your friends and family that have used lawyers before who they would recommend.
You could also try looking at reviews online, though approach these with caution as you will need to make sure that you don’t read too much into one review.
One review alone may have come from someone with a vendetta or a specific problem that doesn’t apply to you. Try to reach out to some of the people who have left reviews to ask them questions.
In usual circumstances, it would be great to meet a lawyer who is going to represent you in person. But these are not normal times. Skype is your friend here.
You want to get a sense of the lawyer who is going to fight your case for you. Does he seem interested in your case and do you feel he could win?
Can you connect with him or her or do they seem aloof? Do you get the sense that if you had any problems with them you would be able to address them? Or would you find yourself ignored?
This can be hard to judge in the first instance but use your gut instinct and your own judgment. We’ve all met people who seem too good to be true, this is often a tell-tell sign that your cash is best spent elsewhere.
A good lawyer won’t try to sell you too hard or pretend that they can win your case hands-down. A great lawyer will be honest with you about your chances and what you can do to win.
- Do You Want Your Old Job Back?
This is a key question you need to ask which goes to the heart of what you are trying to do. If your company has been prepared to make up some excuse to fire you based on misconduct allegations, do you really want to go back to them?
A company that does this and the HR managers who carried out this decision are not ethical. They are deceitful and the chances are you are likely to have more problems with them further down-the-line. They might even increase surveillance on you to find a genuine fault with you.
If your wrongful termination is overturned, then it could lead to you being offered your old job back. You should make it clear from the outset whether this is the desired outcome.
- Know Your Rights
You might not realize it and neither might your employer but the coronavirus may have changed your rights at the workplace.
This is because your workplace is now most likely your bedroom or living room. What is expected of you may have completely changed. One of the central issues is what happens if you fall ill with coronavirus. Are you expected still to work? Can you claim sick pay?
Disabled workers are sometimes discriminated against and employment lawyers often make light work of such cases. How does your disability apply to the pandemic?
Another issue might be due to the use of workplace laptops versus home laptops. When you work from home everything merges into one. What if you use the wrong computer for sending the wrong message? Or you log on to a secure server from a computer that is not secure?
Equally, what are your working hours? Should they be the same as they always have been or is there more flexibility? If you don’t abide by them or there’s evidence you weren’t online, can you be sacked?
A great lawyer will know exactly which laws apply to you and your wrongful termination case and which ones your employer might have breached.
Wrongful Termination in California? Wise Up
Wrongful termination in California is becoming ever-more common during the coronavirus lockdown. But don’t let yourself be a victim of a morally bankrupt boss who fires you and cashes in on the millions of people unemployed and desperate for work.
Get yourself a great lawyer, that you trust and get them to fight your case for you. Then be sure to wise up on what your rights are so that you can fight your employee in court and get the settlement and the outcome you deserve.
If you are interested in reading more about wrongful termination or finding other information about your career, then be sure to check out the rest of our site.