California is a state that many people aspire to live and work in, and there’s no denying that the Golden State is a major hub for industries like technology and finance. Whether you were born in California or came to the state for a job opportunity, workers must be aware of the laws that exist to protect them when they are subjected to unfair treatment by their employer.
A critical fact concerning your employment rights has to do with California being an at-will state. That means an employer can fire you at any time, even if you are doing your job in a competent and responsible manner. However, there are circumstances that cannot be used to terminate someone’s employment, and these include discriminatory practices based on a protected characteristic.
If an employer dismisses an employee solely or mainly on the basis of a protected characteristic, they can be sued for wrongful termination. To ensure that you take the proper steps, we will cover the process of how to file a wrongful termination complaint in California. Before we do that, however, let’s go over the legal definition of what it means to be wrongfully terminated in California.
What is Wrongful Termination?
Wrongful termination refers to the act of firing someone based on a reason that is protected by state and federal laws. Generally, the termination is rooted in discrimination, meaning that the employer is treating someone unfairly due to characteristics, such as:
- Gender or gender identity
- Race or ethnicity
- Religious beliefs
- Physical or mental disability
- Age
- Sexual orientation
- Being pregnant
- Marital status
- Military status
- Political beliefs
Aside from unfair treatment based on a protected category, workers cannot be fired if they file a discrimination or harassment complaint with the labor board or participate in an investigation for illegal conduct by their employer. This is a form of retaliation, and it’s another common basis for why someone is wrongfully terminated from their job.
Wrongful Termination Based on Breach of Contract
There is another form of wrongful termination that’s based on breaching a work contact between the employer and employee. In certain industries, the employer agrees in writing that they cannot fire you without just cause, even though California is an at-will state. In this situation, the contract supersedes the at-will policy, which is a powerful form of protection for the employee. If you are fired without cause when there is such an agreement with your employer, you have the option to file a claim for wrongful termination.
How to File a Wrongful Termination Claim
In this section, we will go over the basic steps of how to file a wrongful termination claim in the state of California. Please note that you must take action right away, as gathering evidence and building a solid case requires considerable time and effort. The steps recommended by our attorneys are as follows:
1. Gather Evidence
With a wrongful termination complaint, the burden of proof is on the employee to demonstrate that they were unlawfully dismissed from their job. There are many forms of evidence that can be used in these cases, like emails, texts, termination notices, and performance evaluations.
Normally, workers are fired in writing, but if you are fired in-person, make sure to document what happened in the meeting. Do this as soon as possible so that things are fresh in your mind, like the time and date of the event, location, and the reason that was given to justify taking away your employment. In addition, make note of who was present at the meeting (if applicable), as your lawyer can call upon them later for a statement.
Please note that you typically have 2 years from the date of firing to sue for wrongful termination. Alternatively, you have 3 years to file a claim if the termination constitutes a violation of the WARN Act, retaliation against whistleblowers, or a Fair Employment and Housing Act violation. Once you are past the statute of limitations, you will lose the opportunity to file a legal action for front and back pay, lost work benefits, emotional distress, and monetary damages.
2: File a Formal Legal Complaint
Once you have compiled the necessary evidence, seek guidance from an employment lawyer, who will help you file a legal complaint. It’s important to consult an attorney, as they can ensure that your claim is filed with the correct government agency. For example, complaints for wrongful termination on the basis of discrimination are filed with the federal government’s Equal Employment Opportunity Commission. If there are grounds to sue the employer for financial compensation, the employee can also elect to file a lawsuit through the civil court system.
3: Settling Your Case or Proceeding with Litigation
Once a lawsuit is filed, it’s likely that your employer will try to settle the case rather than risk the chance of going to court. You should certainly try to reach a settlement if at all possible. However, you are not required to accept their offer if it is inadequate for the harm you suffered. If you choose to reject a settlement offer, you will need to go ahead with the lawsuit with help from a wrongful termination attorney.
It’s possible that your case will be tried in court, but most cases are eventually settled, even after the filing of a lawsuit. In fact, it’s not unheard of for a case to settle just weeks before a trial date, because ultimately, agreeing on a resolution without court intervention is the cheapest and most effective solution for all the involved parties.
Contact California Labor Law Employment Attorneys Group
Being unlawfully removed from your job is a devastating experience for anyone, but it’s important to understand the laws that protect your rights as a California employee. Our legal team is here to help you explore these protections and ensure that your employer does not get away with their ill treatment of you.
Our law firm does not charge upfront for legal services, so you can hire us for $0 if you are interested in pursuing an employment rights violation claim. In addition, there is a Zero Fee Guarantee from day one, so if we fail to recover your settlement, you won’t be responsible for any legal fees.
For a private consultation completely free of charge, contact our office today.
