Q: Can I sue my job for wrongful termination?
Can I sue my job for wrongful termination?
I got fired from my job recently. They basically told me I got fired for “disruptive talk and behavior.” At the place everything you do and say is all audio/video recorded. They won’t give me any information on anything. They also said I got fired for “vulgar language.” The only issue is everyone who works there talks the same. They talk extremely sexual to each other out loud and disobeyed the rules all the time but they never took action on them. Even our immediate supervisor was acting extremely sexual to coworkers and they were to scared to say anything. They didn’t review that footage though. The only incident I can think of is when me and a coworker had a conversation about his “raise” they promised him. I explained to him that technically he didn’t get one and that they only bumped it up because they exceeded the 25 employees which required minimum wage. As he responded out loud “F*ck This place.” Favoritism and Nepotism included.
A:
You are an at will employee. At will employment essentially describes a working environment in which employers are free to terminate employees at any time, without cause, explanation or prior warning, provided it does not violate state and federal anti-discrimination laws. Specifically, it is unlawful to terminate your employment if you belong to the protected class of people or if you engaged in protected activity. More facts need to be known in order to fully evaluate your case. However, just based on the information given, I do not see that you engaged in protected activity or mentioned any protected traits. Without those, your termination is not wrongful. Favoritism and nepotism is not unlawful. Sexual harassment however is unlawful.
If you feel that there is more to your termination that just meets an eye, I recommend you consult an experienced employment law attorney who will further examine your situation and explain your options. You can look for an attorney either on this site or go to California Employment Layers Association (www.cela.org), an organization whose members are committed to representing employee’s rights. Most employment law attorneys in California offer free of charge initial consultations, and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.
Tim Akpinar agrees with this answer
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