There are many states that have at–will employment. Basically, an at-will employment means that there is no absolute guarantee of job security of the employee and that he or she can be terminated at any time and any given cause. At-will employment is often the biggest obstacle for employees who wish to file wrongful termination lawsuits, especially if they have no strong evidence that their employer violated labor laws.
Unfortunately, employees working in an at–will state do not have the same comprehensive rights compared to other workers in the country. Such employees might not have a union representative or a guarantee against termination. However, things like discrimination and retaliation are prohibited by law. Regardless of your home address, you can sue your employer once he or she violated any anti-discriminatory and retaliation laws.
The down side of an at-will employment is that it can be difficult to sue an employer for wrongful termination since employers aren’t required to provide reasons for termination once they decided to do so. On the other hand, at-will employees still have few things they can do to help them when they have been subjected for termination by their employers.
Gather performance reviews
When you file for a wrongful termination in an at-will state, make use of your advantage in collecting pieces of evidence that will help you to have a good spot in court. One good proof of evidence is your employee profile, which reveals all the records of your performance reviews. Let your lawyer or representative present those records to the judge or jury to show that you weren’t cited for bad behavior during your employment.
Having witnesses is a good idea since it can significantly boost your wrongful termination claim despite the lack of evidence of your claim. Remember that pieces of evidence from an at-will employee is only limited. Therefore, take witnesses as your best advantage. Let the witnesses play their role by testifying in court that you really didn’t do anything to deserve termination or that you were repeatedly subjected to any form of discrimination.
Track discrimination patterns
Establishing your employer’s records of discrimination or retaliation by firing employees is among the best ways to reinforce a wrongful termination claim. Let the judge know such records to power up the claim.
Review the employee handbook
Usually, in the employee handbook, it is stated that employees can only be terminated for a cause. Therefore, it clearly means that there must be a valid reason for an employee’s termination. If such provision exists in the employee handbook, then the employer must provide the judge or the jury a valid reason for the termination. Nevertheless, if such provision does not exist, you will be able to win your claim.
The painful truth remains. In an at-will state like California, an employee is often in a not so pleasant situation. Although employees play a vital role in the labor force, the benefits that they are currently receiving still not equal to the service that they provide. The worst scenario is that they are often subjected to wrongful termination in California.