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Wrongful termination lawsuit dismissed by appellate court

On Behalf of | Oct 29, 2020 | Employment Law

It goes without saying that losing one’s job in California is a traumatic experience. That trauma may be even further compounded if one believes their dismissal to be in retaliation for them simply trying to do what is right.

Employees should be able to report workplace violations or inappropriate behavior without the fear of reprisals (indeed, it is often only through such reports that these actions come to light). Thus, those whose reports result in them experiencing negative consequences (up to and including termination) may have sufficient cause to take actions against a company.

Court rules woman cannot sue former employer

One should be cautious, however, in what they agree to do in response to their firing. According to the Miami Herald, a Florida woman is having to learn this lesson the hard way as her decision to sign a release following her dismissal from the housekeeping staff of a local real estate developer’s estate. The woman alleges that her firing was due to her reporting sexual harassment by another staff member. The defendant’s representatives counter her claims, however, saying that it was due to her poor job performance. Yet a local court threw out her subsequent wrongful termination lawsuit, citing a release she signed that barred her from taking any legal action. A state appellate court recently upheld that ruling.

Avoiding missteps following one’s firing

It may be understandable that one simply wants to end any association they may have had with a former employee following their firing. Yet this desire should not prompt one to agree to any action that may later prove to be prejudicial. Knowing exactly what that may be, however, could be difficult for one not familiar with the law. For this reason, having reliable legal resources to turn to in such a situation may be vital.

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