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Reasons to counter your employer’s termination justification

On Behalf of | Feb 2, 2024 | Employment Law

Getting terminated from employment is an unfortunate thing, which may mean losing a source of income and potentially facing challenges in finding a new job. If you believe that your termination was unjustified, you may want to counter your employer’s justification.

However, you need valid reasons to counter your employer’s termination justification. Here are some potential reasons you might consider if you believe your termination was unjustified:

Whistleblower retaliation

If you have evidence or reason to believe that your termination was in retaliation for whistleblowing—that is, reporting illegal or unethical activities within the company—you may have a strong case. Both California and federal labor laws protect whistleblowers from retaliation and if you can provide documentation or witnesses supporting your claims, it could strengthen your case.


One of the most frowned-upon practices in employment is discrimination. If you suspect that you were terminated due to factors such as race, gender, age, religion, disability or other protected characteristics, you may have grounds for a legal challenge. Gather any evidence that supports your claim, such as discriminatory comments, actions, or a pattern of disparate treatment compared to colleagues.

Breach of employment contract

Contractual terms of employment may include specific conditions under which termination is allowed. If you have an employment contract, review it thoroughly to ensure that your termination falls within the agreed-upon terms. If your employer did not follow the contractual procedures or terminated you without proper cause as outlined in the contract, you may have a valid reason to dispute the termination.

Retaliation for exercising legal rights

If you were terminated for exercising your legal rights, such as filing a workers’ compensation claim, taking legally protected leave or participating in union activities, you may have a valid reason to dispute the termination. Labor laws protect employees from retaliation for engaging in these activities.

Misrepresentation or false information

Sometimes employers may provide false information or misrepresent the circumstances leading to your termination. If you can demonstrate that your employer’s justification is based on inaccurate information or deliberate misrepresentation, it could be a strong argument in your favor. Collect evidence that disproves the claims made by your employer and highlights the inaccuracies in their reasoning.

It is possible to challenge unfair termination of employment, and exploring your legal options can help you find the best approach to presenting your case.