1 - Understand What’s Happening

It’s vital to pay attention to the language being used in any meeting where your employment is being terminated. Are you being laid off, which usually allows you to collect unemployment insurance? Or are you being fired for cause?

If it’s the latter, why are they firing you? Did you violate a company policy? Do they have evidence of wrongdoing on your part? Have you had negative performance reviews? Is it possible you are being discriminated against because of your immigration status, pregnancy, or race?

You might feel flustered in the meeting, so ask if you can record it on your mobile phone. If your employer refuses to let you do this, take your time writing down everything they say, word for word. Don’t let them rush through the meeting and herd you out the door before you fully understand what’s going on.

2 - Keep Your Cool

No matter what happens, don’t let the scene get out of hand. You don’t want to yell, throw things, or make threats. Don’t involve other employees unnecessarily.

This can be tough, especially if you feel you are being wrongfully let go or if your employer makes false accusations about you. But staying cool lets you make more sense of the situation, and you won’t miss vital information you might need later for unemployment or a legal claim.

3 - Discuss How You Will Be Paid Money You Are Owed

If you are owed any money by your employer, now is the time to talk about how you will be paid. Will you get a final check when you leave? Will your pay be deposited directly at the end of the pay period as it normally is?

What about any overtime, bonuses, or commission payments you are owed? Unfortunately, some unscrupulous employers fire workers just to get out of paying these extra sums. They might try to convince you that you aren’t owed the money because you were fired before the period in question. But in many cases, unless you have waived the right to those payments, your employer still has to compensate you.

4 - Never Sign Any Severance Documents on the Spot

Your employer might also try to pressure you into signing a severance agreement. This might be a sneaky way of getting you to give up some of your rights. Or it might contain a cash offer if you go away quietly and promise not to mention your firing publicly or take them to court.

Why would an employer do that? Perhaps you noticed they had violated safety codes or weren’t giving workers their rightful break and meal times. Maybe they’re worried you’ll become a whistleblower, which could bring the law down on them.

Firing you and attempting to pay you off is both whistleblower retaliation and bribery, which are illegal. They might try to word a severance document like you resigned when you are actually being fired.

5 - Document Anything That Doesn’t Feel Right About the Situation

If you have time before you are fired, document and collect any information you are rightfully allowed to have, like:

• Employment agreements or contracts
• Paystubs or payroll records for your pay
• Timesheets or cards
• Written performance reviews
• Emails or other materials showing potential disability discrimination, harassment, etc.
• Documentation of you calling attention to unsafe work practices, illegal activities, etc.

You can either print off these documents or email copies to yourself (or both, for extra safety). Screenshots are another option if that’s your only choice. Be aware that once you have been formally terminated, you won’t likely have access to any work devices like laptops, computers, or company-owned phones.

Be careful not to take anything that you shouldn’t have, lest it be construed as theft or violating company policies regarding client or employee data. Don’t take client lists, accounting ledgers, or other proprietary documents.

6 - Know Your Legal Rights for Termination in California

Luckily, the state of California supports workers and has laws to protect them when it comes to firing. It is considered wrongful termination (firing someone in a way that violates state or federal laws) if an employer fires you in these situations:

• Breach of contract, such as an employment agreement that states you can only be fired for good cause
• Breach of covenant of good faith and fair dealing, such as if an employer makes it impossible for you to do your job
• Retaliation for taking family or medical leave that you are entitled to
• Retaliation for complaints of sexual harassment or for reporting or complaining about sexual harassment directed at someone else
• Retaliation for complaining about wage law violations, like withholding pay, unpaid overtime, or not providing required breaks
• Pregnancy discrimination, including not allowing a worker to attend pregnancy-related medical appointments or take leave
• Whistleblower discrimination, as described above, like alerting management or authorities about an unsafe work environment
• Discrimination against a protected class, including race, religion, sex, orientation, gender identity, age, or disability
• Violation of public policy, such as refusing to violate a statute in the performance of your job

7 - Talk with an Employment Attorney

As you can see from the list above, there are many instances where an employer might commit multiple employment law violations in firing an employee. Yours might be a case of wrongful termination plus wage theft.

You can file a complaint, requesting the state investigate, but that can take months or even years to be resolved if there is a backlog of cases. And you need to untangle exactly what infractions have taken place. In some instances, for example, you might be owed fees on top of your back pay.

This is why many people who have been fired turn to an employment attorney. A lawyer who specializes in employment cases can assist you with:

• Determining if you have a case and precisely what the employer has allegedly done wrong
• Explaining the role of state agencies, if any, in resolving the matter
• Filling out claims paperwork required by the state
• Helping you understand what you are owed and getting unpaid compensation
• Reviewing work contracts and severance documents
• Restoring your job, if you wish to pursue that
• Making sure you aren’t given bad references or blacklisted in your field
• Preventing the employer from continuing with illegal acts or potentially harming other employees

At Employee Law Group, we have the expertise and the resources to help you with your case in the Los Angeles area. We want you to be able to move on with your life as quickly as possible, whether that’s going back to your old employer or finding something new somewhere else. And we want to make sure you are paid any money that’s owed to you.

It doesn’t cost anything to see if you have a case after getting fired. For a free consultation in Torrance, Redondo Beach, Santa Monica, or Inglewood, call Employee Law Group at 310-407-7358, or reach out online and let us know about your situation.