Employees must follow certain rules and regulations that are enforced by the employer. However, laws exist at the federal and state level to protect workers from unfair and abusive treatment by the employer. One of the most important laws is the Civil Rights Act of 1964, which makes it illegal for employers to discriminate against employees based on protected characteristics, such as religion, race, pregnancy, sexual orientation, age, gender, and more.
Discrimination by employers can take many forms, including wrongful termination. Losing your job is devastating under any circumstance, but those who are fired unlawfully can fight back with help from an employment attorney. Are you in need of legal advice from a Mission Viejo wrongful termination lawyer? The legal experts of California Labor Law Employment Attorneys Group are here to advise you 24 hours a day, 7 days a week. Simply give us a call and talk to our attorneys during a free case review.
Different Examples of Wrongful Termination
Wrongful termination can be a complex concept to understand, since the at-will employment system allows California employers to fire someone without cause or notice. So, even if you are doing well at work and no one has complained about you, your employer can decide that your services are no longer needed.
However, laws by the federal government and the state of California make certain types of termination illegal. So, let’s look at the most common types of wrongful termination:
- Discrimination, like firing someone based on their ethnicity, gender identity, political affiliation, marital status, and other characteristics protected by state and federal anti-discrimination laws.
- Retaliation for doing something that displeases the employer, like filing an HR complaint or participating in a lawsuit / investigation for complaints filed by another coworker. Those who ask for disability or pregnancy accommodations can also be fired as an act of retaliation
- Violation of your right to take time off for a civil duty (voting in an election, for example), a serious medical condition, or maternity leave
- Reporting your employer to a government agency or law enforcement for illegal acts (whistleblowing)
- Breach of contract, meaning your employer has violated a work contract (written or verbal) by firing you
If you suspect that you were wrongfully terminated by your employer, make sure to contact our team of Mission Viejo employment attorneys.
Steps to Take if You Were Wrongful Terminated
The truth is, most people have no idea what they should do if they were forced out of their job by illegal means. It doesn’t help that you are confused, angry, scared, and going through other emotions that make you feel stuck and helpless.
Whether you have the basis for a wrongful termination lawsuit is an issue you’ll need to discuss with an attorney. However, you should start the process of gathering evidence as soon as possible. If you are being treated unfairly at your job, make sure to:
- File a complaint with Human Resources and save any and all communication between you, HR, and your supervisor.
- Compile all messages, letters, emails, etc., from your boss pertaining to your job performance, criticisms, demotions, and other negative treatment.
- Document any incidents of harassing or offensive behavior leading up to your termination
- Try to obtain photos, audio recordings, video and other hard evidence to show that you were subjected to discrimination and retaliation.
- Get statements from coworkers that show a pattern of wrongful termination and other illegal employment decisions
- Medical records if you were fired after coming back from or asking for medical leave
- Employment handbook and contracts if your employer’s decision to fire you violated specific terms and regulations
Some of this evidence can be difficult to get your hands on, especially if you no longer have access to your job site. But you can always contact a Mission Viejo wrongful termination attorney, who is likely to have methods and resources that are unavailable to you. They can also keep up with deadlines, which will vary depending on the type of claim you are filing, and fight to maximize the compensation owed to you by your employer.
Restitution for a Victim of Wrongful Termination
As someone that qualifies for a wrongful termination lawsuit, you can seek payment for numerous damages that you suffered due to your employer’s actions. Potential damages from an employment rights violation claim include:
- Lost income, such as back pay and front pay, tips, unpaid overtime, commissions, etc.
- Compensation for the value of lost job-related benefits (unpaid sick / vacation time, healthcare benefits, etc.)
- Reinstatement of your job (may not be appropriate based on the circumstances with your employer)
- Dolor y sufrimiento
- Daños punitivos
Deadlines to Keep in Mind
Filing an employment lawsuit begins with a labor agency claim, either with the Department of Fair Employment and Housing of the Equal Employment Opportunity Commission. It’s essential that you have an attorney evaluate your case and walk you through the deadlines that apply to your situation. If, for example, you are filing a wrongful termination claim with the DFEH, you must do so within 300 days of the event. However, if you work for a government entity, you only have 45 days to submit a claim.
By filing a claim with the EEOC or DFEH, you will initiate an investigation that may result in a Right to Sue notice. This letter must be obtained by either agency in order for you to file a lawsuit. There are specific deadlines for the lawsuit as well, which your lawyer can go over with you. Please take the time to verify the applicable deadlines; failing to do so can take away your right to sue for a wrongful termination.
Póngase en contacto con nuestra firma de abogados
Our team of wrongful termination lawyers in Mission Viejo is proud to represent the working population of Orange County. Wrongful terminations are common occurrences, even though employers understand the laws pertaining to unfair treatment in the workplace.
By reaching out to us here at California Labor Law Employment Attorneys Group, you will receive the Zero Fee Guarantee. We promise that you will never be asked to pay out of pocket if you wish to move forward with an employment claim. Legal fees are paid by your employer and included in the compensation recovered from a wrongful termination lawsuit. No other payment is owed to us, so if we don’t recover your settlement, you lose $0 – guaranteed.
The journey begins with a free case evaluation, which you can schedule by contacting us today.
