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What is a wrongful termination claim based on in California?

Wrongful termination claims are made whenever a person thinks he or she has been unfairly and unlawfully fired or terminated from a job. If the firing could have been unlawful, then you have a right to bring your case to trial. Through the legal process, it may be possible to obtain monetary damages, a severance package or other benefits from the defendant.

A termination is wrongful whenever one of these things happens:

-- A person is fired in violation of state and federal anti-discrimination laws

-- A person is fired as a form of sexual harassment

-- A person is fired in violation of labor laws

-- A person is fired as a form of retaliation

-- A person is fired in violation of oral and written employment agreements.

Some of these wrongful termination sections can result in statutory penalties for your employer, while others could result in him or her paying out damages to you.

If your employment contract required a severance package that you did not receive, that may be an issue as well. You have the right to that package under law, so you should have received it. If you didn't have a severance package as part of your employment contract and are wrongfully terminated, it still may be possible to negotiate a severance package as a settlement for your claim.

Remember to keep track of your employment paperwork, contract and any evidence against your employer in emails or other formats. Having this information can help you make your case for why you were wrongfully terminated, allowing a court to make a decision on whether you deserve compensation.

Source: FindLaw, "Wrongful Termination Claims" accessed Feb. 04, 2015

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