If you were mistreated at work, there are steps you can take to try and correct the problem. Unfortunately, this can lead to retaliation by your employer in the form of wrongful termination. This can come out of nowhere, and many people are completely unprepared for the financial burden of not having a job without notice. Even worse is the fact that your employer broke the law and fired you as a form of punishment.
Those who were fired illegally should speak with an employment lawyer right away. A Cost Mesa attorney that specializes in wrongful termination claims can help you file a complaint with the applicable labor agency. They can also find evidence for a lawsuit against your employer if suing them for compensation is the best course of action.
It’s essential that you act quickly and take the necessary steps to initiate a claim. Many individuals wait too long to seek justice, and this can cause them to miss out on the payments they deserve by law. California Labor Law Employment Attorneys Group is ready to fight for you if your employer fired you under unlawful circumstances. We are standing by to assist you, so please get in touch and learn about your rights and legal options.
Laws that Protect You from Wrongful Termination
You may have heard of the term “at-will employment,” and this is the policy that governs your employer’s right to terminate you. Basically, at-will employment states allow employers to fire you for any reason, and they are not required to tell you why. They can also fire you without notice, though most places do notify you ahead of time as a matter of courtesy and professionalism.
Keep in mind that the laws also allow you to quit your job any time, without having to give a reason. You can also leave with little to no notice, and there is nothing your employer can do about it. So, the at-will employment policy applies to both parties in an employment relationship.
Having said that, at-will employment states are still bound by laws that prevent termination based on reason like discrimination and retaliation. In addition, the at-will policy does not apply to situations where you are contracted by the employer for a certain amount of time. So, clearly, there are circumstances where it would be illegal for your employer to fire you.
One of the laws that protect you from illegal termination is the
Civil Rights Act of 1964. This statute prohibits employees from being fired based on religion, race, gender, sexual orientation, and other protected characteristics. Those who are over 40 years old are protected from termination based on their age under the Age Discrimination Act of 1967. Another critical law – the Americans with Disabilities Act – was established to protect the employment rights of people with certain physical and mental health conditions.
Was I Wrongfully Terminated?
This is an important question to ask yourself, since terminations can happen for all sorts of reasons. The fact that your employer doesn’t need to give you a reason for letting you go adds to the confusion over a wrongful termination versus one that was simply unfair.
Generally, wrongful terminations are based on retaliation, meaning the employer is punishing the employee for something they have a right to do. For example, you may have asked for extended leave because of a serious medical condition. You have the right to take this time under the Family and Medical Leave Act, but your employer resents the fact that they have to hold your position open for you in the meantime, as required by law. Thus, when you come back from leave, they eventually fire you on the basis of poor job performance or some other reason that you know to be untrue.
Timing is a critical factor with wrongful terminations, so don’t be afraid to question and probe for more information if you suspect that your employer is not being honest about why they are firing you. Grounds for a wrongful termination lawsuit against your employer include, but are not limited to:
Retaliation for filing a complaint against the employer, either with HR, government agency, or law enforcement
Payback for giving information or participating in an investigation into labor violations at your job
Firing you for seeking time off to vote or attend jury duty
Breaking an agreement for duration of employment or the terms by which you can be fired (breach of contract)
Firing you because of a medical need, such as maternity leave, attending drug rehab, or focusing on cancer treatments.
If you believe that your employer violated your employment rights by firing you, contact a Costa Mesa wrongful termination lawyer to learn about your legal options.
How to File a Lawsuit for Wrongful Termination
If you wish to sue your employer for wrongful termination, the process begins by filing a claim with the applicable government agency. These include the Equal Employment Opportunity Commission at the federal level and the state of California’s
Department of Fair Employment and Housing (DFEH).
Based on the nature of your complaint, you will need to file a claim with one of both of these entities. Your complaint will initiate an investigation, and that may be enough to resolve the situation. But many of these cases involve complex issues that merit legal action through the court system. With that in mind, the applicable agency may grant you the right to file a lawsuit by issuing a Right to Sue notice.
How to Build a Strong Case against Your Employer
To succeed in a wrongful termination complaint, you must have extensive evidence that shows how your employer broke the law by firing you. Statements from coworkers and former employees are helpful if they were wrongfully terminated or treated unfairly in some other way, like denial of a promotion or demotion to a lower position.
Make sure to have a clear paper trail showing the conflict between you and your employer, and how this resulted in you being terminated. Applicable evidence includes copies of complaints filed with HR, requests for disability accommodations that were ignored, poor performance reviews without merit, and communications with your employer that indicate discrimination and harassment. You should also have a copy of your work contract, which may have language pertaining to firings and other adverse employment actions.
This is just the tip of the iceberg when it comes to proving a case of wrongful termination. Our legal team can help you obtain the needed documents and put together a clear chain of events to show that your termination was illegal.
How Much Time Do I Have for a Wrongful Termination Lawsuit?
Statute of limitations is a complex issue when it comes to wrongful termination claims. Upon filing a complaint with the EEOC and/or the FEHA, you may be issued a notice that allows you to go ahead with a lawsuit. You must file a claim with the applicable agency within 1 year from the date of violation by your employer. Once you obtain a Right to Sue Letter, you have 1 year from the date of notice to sue your employer.
Please note that the deadline for a wrongful termination lawsuit can vary, depending on how and why you were fired. For example, you may have anywhere from 90 days to 1 year for a lawsuit. An exception is for lawsuits that involve a public policy violation, which has a 2-year statute of limitations from the incident date. This is why it’s best to contact a Costa Mesa employment law attorney, who can verify the amount of time you have for a wrongful termination lawsuit.
Legal Remedies for Those who are Wrongfully Terminated
With guidance from one of our attorneys, you can be compensated for the harm you suffered if you lost your job under unlawful circumstances. So, what are the losses you can recoup by filing a lawsuit? That depends on various details that are specific to your case, but we generally obtain the following payments on behalf of our clients:
Lost wages in the form of front and back pay
Compensation for lost job benefits (healthcare, 401k contributions, PTO, etc.)
Pain and suffering / emotional trauma
Damage to your professional reputation
Cost of hiring a wrongful termination lawyer
Punitive damages if gross negligence was involved
You can also ask for reinstatement of your old position in most cases, but whether you should do so or not is a personal matter. Frankly, many claimants find that the relationship between themselves and the employer is damaged beyond repair, and it’s best for both parties to go their separate ways. But there may be professional and personal reasons to keep your job and continue the career you have worked so hard to achieve.
Let Us Fight for You
Wrongful termination happens much more often that most people realize, and those who are affected can feel hopeless because the employer seems to have the upper hand. We understand that you are conflicted about what you should do as a victim of discrimination, retaliation, and other illegal acts by your employer. That’s why you should speak to a labor law attorney right away, who can offer clarity and insight.
If filing an employment rights lawsuit is right for you, we will not ask for any payment upfront. All costs associated with your case will be covered by us and recovered upon the release of your settlement check. That means you owe us nothing unless we obtain your settlement. This is our promise to you under the Zero Fee Guarantee, which you can take advantage of by contacting us today.
We hope you will take this opportunity to reach out and talk to one of our legal experts during a free consultation. We also provide free second opinions on active claims for wrongful termination, so don’t hesitate to call, no matter where you are in the legal process.
