March 24, 2018
In California, many fired employees tend to feel as if they were wrongfully terminated. And while your firing may indeed constitute wrongful dismissal and it’s best to prepare for possible litigation in advance, most fired employees in Los Angeles and all across California tend to make unforgivable and grave mistakes after the firing. Those mistakes can ruin your wrongful termination claim before it even becomes a case.
Wrongful termination claims are not uncommon for Los Angeles and other parts of California, as many fired employees feel as if they were terminated illegally and unlawfully. While not every termination is wrongful – keep in mind that most employees in California are employed at an at-will basis, which means their employment can be terminated for any reason or no reason at all – it is advised to speak to a Los Angeles wrongful termination attorney to determine whether or not your termination was lawful.
Mistakes to avoid in case of wrongful termination
Here at the JML Law, our best wrongful termination lawyers in California have compiled a list of the most common mistakes that fired employees make after they were fired. If you believe that your firing was unlawful, avoid doing the following things in order to maximize your chances of recovering the compensation you truly deserve.
- Do not take home your employer’s documents or other company property that is confidential or you have no legitimate right to take. One of the most common mistakes victims of wrongful termination make is taking and/or copying documentation to build a strong case and use it in their defense. Consult a Los Angeles wrongful termination lawyer to find out which documents can be taken/copied and which can not.
- Do not secretly record your employer or coworkers. Some fired employees channel their inner Sherlock Holmes and go way too far in their efforts to accumulate “evidence” that their termination is unlawful. Do not secretly tape record or video record your employer, other employees, coworkers, supervisors or other parties without their permission. Even if you do get something relevant for your case on tape, it will not be admissible in court (in addition to that, you will most likely face fines and criminal prosecution).
- Do not discuss your wrongful termination case with anyone. Not even your coworkers (even if they were fired in similar circumstances). And please, do not share your thoughts about the employment situation on social media in an effort to vent. First of all, you never know who your coworkers are friends with and how they are going to use your private information. And second of all, social media is public, which means your employer (or other parties that will be the defendant in your wrongful termination suit) might access your social media posts and use them against you in court.
- Do not retaliate against your employer. Even if you were fired in the most terrible way. Let the juries and judges decide and provide you with the compensation you truly deserve. Many employees feel that it is too hard to resist the temptation to retaliate against the employer in any way possible, which usually includes the destruction of company property and/or important files, harming the employer’s reputation, and/or sharing the company’s confidential information with its competitors. Not only will you hurt your wrongful termination case with such actions, but may also face legal action.
- Do not sign a severance agreement without speaking to a Los Angeles wrongful termination attorney. Let an experienced lawyer review the contents of the severance package that is being offered to you after your termination. While providing fired employees with a severance package, which can include pay, medical benefits, and others, is not mandatory under California’s employment laws, some employers give out severance pay in an attempt to silence their terminated employees. Here is the thing: most severance agreements seek a waiver of your rights to sue the employer for wrongful termination.
Do not make the above-mentioned mistakes unless you want to hurt your wrongful termination case. Speak to our attorneys at JML Law to get the best legal representation for your particular case. Call our Los Angeles offices at 818-610-8800 or send us an email to get a free consultation now.