An attorney who concentrates his professional efforts in the field of employment law, Douglas Geyman was recently named one of the best attorneys in the industry by the San Diego County Bar Association. We recently sat down with Douglas Geyman at his San Diego law office to ask him a few questions on the subject of wrongful termination law.
Q: Can you please provide us with a short definition of the term “wrongful termination”?
A: A wrongful termination occurs when an employee is dismissed or laid off in a manner that impinges upon his or her legal rights. In order to successfully argue a wrongful termination case, the employee and his or her legal council must do more than merely show evidence of unfair treatment. They must prove that the firing was explicitly “wrongful” in the sense that one or more legal rights were violated during the process.
Q: What is “employment at will,” and how does it figure into wrongful termination cases?
A: Originating in England centuries ago, the legal concept of employment at will works on the assumption that employers have the right to fire individuals with or without a clearly-stated cause and, conversely, that employees have the right to resign their positions at any time and for any reason. Today, nearly every state in the union has incorporated some form of “employment at will” into their legal codes. There are, however, a number of important exceptions to the general “employment at will” principle.
Q: Can you list a few of these exceptions for us?
A: At the Law Offices of Douglas E. Geyman, we have handled cases involving prejudice and egregious discrimination on the basis of race, ethnicity, religion, age, sex, sexual preference, heath issues, and workplace retaliation.