Were You Fired Under False Pretenses?

Posted on Tuesday December 12, 2023

Losing a job is a challenging experience, especially when termination occurs under false pretenses. In California, where employment laws are designed to protect workers’ rights, being fired under misleading circumstances may warrant legal action.

If you believe you were fired under false pretenses, consult an employment lawyer in California today. 

Understanding False Pretenses

Discrimination or Retaliation

If an employer uses false reasons for termination as a cover for discrimination or retaliation against an employee, it constitutes a violation of labor laws.

False Allegations

Being fired based on false allegations or fabricated reasons can be grounds for legal action. Employers should base termination decisions on accurate and substantiated information.

Breach of Contract

If the termination contradicts terms outlined in an employment contract, such as wrongful termination without cause, it may be considered a breach of contract.

Fraudulent Misrepresentation

When an employer induces an employee to accept a position through false promises or misrepresentations about job security or conditions, terminating the employee under different pretenses may be legally actionable.

Whistleblower Protections

If an employee is fired after reporting illegal activities or unsafe workplace conditions, it may be considered retaliation. Whistleblower protections exist to shield employees from adverse actions for reporting wrongdoing.

Legal Recourse for Unjust Termination

Employees who suspect they were fired under false pretenses should seek legal advice promptly. An experienced employment attorney can assess the situation, review relevant documentation, and determine the best course of action.

Employees should gather evidence related to the termination, including emails, performance reviews, or any written communication that might contradict the stated reasons for termination.

If there is an employment contract in place, the terms and conditions should be thoroughly reviewed by an employment attorney. A breach of contract may offer legal grounds for a lawsuit.

If the termination is linked to whistleblowing activities, employees may be protected under state and federal laws. A lawyer can guide them on how to proceed under whistleblower protections.

Depending on the circumstances, an attorney may explore negotiation with the employer or, if necessary, file a lawsuit seeking remedies such as reinstatement, back pay, or damages.

In some cases, filing a complaint with the California Labor Commissioner or the Equal Employment Opportunity Commission (EEOC) may be required before pursuing legal action.

Discuss Your Termination With a San Diego Employment Lawyer

California’s labor laws aim to protect employees from unjust treatment, ensuring a fair and equitable workplace. Employees being fired under false pretenses should be aware of their rights, consult with legal professionals, and take appropriate action to seek redress for wrongful termination.

At Mara Law Firm, our San Diego employment firm protects the rights of employees under the law, including following a wrongful termination. False pretenses can make it challenging to know whether you have legal rights, but our attorneys know how to identify when your employer has violated your rights. 

Schedule your consultation today with our skilled legal team. You can immediately have peace of mind knowing someone is ready to stand up to your former employer.