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Whatever side of the matter you’re on in a job termination case (whether you play a role on behalf of a company dismissing a worker or, alternatively, you are that worker), you will automatically look for evidence that documents and sets forth in a detailed manner the stated reasons to support a firing.
These days, a California court is often called upon to closely scrutinize the evidence — or lack thereof — that materially plays a role in supporting a company’s decision to fire a worker, especially when that former employee alleges a bad-faith motive on the part of ex-managers.
What often centrally features in termination-based employment law litigation is a fired worker’s claim that his or her dismissal violated public policy by being grounded in discrimination. It is often alleged that former bosses were biased against a worker on account of his or her race, age, gender or other protected factor. Companies are frequently accused of retaliation against a worker for engaging in lawful workplace activities.
As noted in a recent article spotlighting company firings, any such discharge needs to be fully buttressed by a document trail that sufficiently establishes the reasonableness of a company’s decision to terminate a worker.
Put another way: Lack of a written record that documents prior performance issues, misconduct and/or related worker deficiencies will not bode well for an employer if that worker is fired and subsequently files a wrongful discharge claim.
A proven California employment law attorney can advise an employer on actions that it needs to take to reasonably ensure that it is protected against a lawsuit when it fires a worker.
And, alternatively, an experienced attorney who also protects the rights of workers can carefully evaluate any claim alleging an employer’s discriminatory behavior, unlawful retaliation and/or wrongful discharge.