Being unjustly fired by your boss is a devastating experience that no one should have to go through. Losing your job unexpectedly can result in devastating consequences to your finances, not to mention your emotional well-being. Wrongful termination can damage your professional reputation and make it harder to find new employment or find a job that’s comparable to your former position.
Laws exist to protect your rights and help you take legal action if you were fired illegally. But many people whose first language is Spanish find it difficult to understand their rights and take the necessary steps to sue their employer.
If you are a Spanish speaking individual who was wrongly terminated, please reach out to the bilingual attorneys of California Labor Law Employment Attorneys Group. As a Los Angeles law firm that specializes in employment rights violations, we are more than ready to fight for you and the compensation you deserve. We can provide you with a lawyer that’s fluent in Spanish, who will walk you through the process of filing a complaint and seeking compensation from your employer.
¿Qué es el despido injustificado?
The reason you were fired may be unfair, but it doesn’t mean that you were wrongfully terminated. Thus, it’s important to understand the definition of wrongful termination, especially in at-will employment states like California.
The “at-will” system gives your employer the right to fire you at any time, with or without a reason. However, laws by the state and federal government prevent employers from ending your employment under certain conditions. So, if the reason that you were fired violates California or federal law, you have the right to seek justice for the harm you suffered.
To give you an idea of what can form the basis for a wrongful termination lawsuit, take a look at the following examples:
- You were fired after you complained about your employer violating California anti-discrimination laws
- Your boss fired you after you filed a complaint for sexual harassment or refused to provide sexual favors
- Your termination violates a written or verbal employment agreement
- The nature of how you were fired violated California’s collective bargaining laws
- You were fired after you reported unsafe working conditions or illegal activity at your job.
If you are successful in a lawsuit, your employer may be subjected to penalties by the State of California and the federal government. You can also demand compensation for lost wages, emotional distress, and other monetary damages. A Spanish speaking employment lawyer at our office can talk to you about these payments in more detail during a free consultation.
Filing a Wrongful Termination Claim
Filing a claim for wrongful termination is extremely complicated, and it’s in your best interest to have a lawyer guide you through the process. This is particularly true if you are not fluent in English, which can lead to misunderstanding that cause your case to be dismissed. The Los Angeles Spanish speaking lawyers at our office can help you gather evidence, review the terms of your employment contract, file a claim with government agencies, and if necessary, sue your employer for violating the laws that prohibit wrongful termination.
Tips to Help You Succeed in a Wrongful Termination Claim
The actions you take upon being fired illegally can make or break your case. Below are steps you can take to protect your rights and preserve evidence of wrongdoing by your employer:
- Remain civil and refrain from lashing out against your employer
- Ask your employer why you are being terminated and who approved the firing
- File a complaint with your HR Department as soon as possible
- Contact a law firm with experience in employment rights violation cases
- If you have one, review the terms of your employment contract
- Negotiate for a severance package if you have the option of doing so
- Ask for a copy of your personnel file
- Make sure to get a copy of your termination notice and severance agreement
- Return all company property and ensure that you have complied with all the post-termination procedures
Negotiating for a Severance
Instead of filing a labor law violation claim, you may be offered a suitable severance package to leave the company without taking legal action. This is certainly beneficial to the employer, but whether it is of benefit to you depends on various factors.
Please note that employers are not required to offer a severance package, so this may not be an option for you. But your employer may be willing to negotiate a sum of money to make up for the termination, thereby taking away the chance of being sued by the employee. You should always discuss the pros and cons of taking such an offer with a Los Angeles labor law attorney. Your lawyer can also help you negotiate the best possible deal and proceed with filing a claim if you and your employer cannot come to an agreement.
How to Negotiate a Favorable Severance Package
Ultimately, consulting a lawyer is the best way to successfully negotiate a severance upon being asked to leave your job. Those who speak Spanish as their primary language should have a lawyer that is fluent in both English and Spanish, in case someone is needed to act as an intermediary between themselves and the employer. Some tips we recommend during the negotiation process include:
- Make sure that all the severance package offers and any agreements between you and the employer are in writing
- Do not settle for the first offer, as it’s usually much lower than what you deserve
- Try to keep your medical coverage for the duration of your severance payments
- Have your lawyer review any agreements before signing to ensure that it will not interfere with your future job prospects.
Filing a Claim for Unlawful Termination
For many people who are wrongfully terminated, filing a claim with a government agency is the best course of action. If you were terminated based on discrimination against your race, gender, religion, and other protected characteristics, you should file a claim with the Equal Employment Opportunity Commission (EEOC) right away. You can also file a claim with the State of California’s Civil Rights Department.
These claims must be filed before you can sue your employer through the court system. Please consult an employment lawyer that speaks Spanish to help you with the paperwork and gather the needed documents. Evidence for a wrongful termination claim includes pay stubs, performance reviews, witness statements, emails and texts, and other communications from your employer.
Comuníquese con el Grupo de Abogados de Empleo en Derecho Laboral de California
Though California has the largest concentration of Hispanics in the U.S., many people that speak Spanish are unaware of employment laws that exist to help them. If you suspect that you were illegally fired from your job, call us today and speak to a Los Angeles employment law attorney.
Our commitment to you and the Hispanic community of Los Angeles includes the Zero Fee Guarantee. We promise that you will pay $0 if you choose to hire us. Instead of asking you for payment, we make the guilty party responsible for the cost of representing you. That means your employer has to cover all legal fees as a part of your settlement. If we don’t settle the case in your favor, you owe us $0, no matter how much time and resources we devoted to your case
To learn more about the ways we can assist you, contact our office and schedule a free case review.
