The laws related to employment are varied, and many employees do not know the full extent of their rights. They may only be aware of worker’s compensation and how discrimination can affect their jobs. However, there are many more forms of discrimination that occur, especially when considering how many classes and traits are protected by law. These protections vary from state to state. California has some of the most extensive protections available to employees. If you were discriminated against at work and fired because of it, you may be able to take legal action against the responsible party. Our El Cajon wrongful termination attorneys will be glad to help you get the compensation you need for the actions taken against you. Our law firm, the the California Labor Law Employment Attorneys Group, has decades of combined experience handling such cases, and we promise to bring you the fairest compensation available for your mistreatment.
Types of Wrongful Termination in the Workplace
The main issue with wrongful termination is that many employees do not know that they have been illegally fired. This is partly due to at-will employment, which dictates that employers can terminate their employees at any time during the scope of employment, provided that reason is not illegal. By the same token, though, employees are free to end their employment with their businesses. Once a contract has been signed, though, at-will employment changes. Contracts may have stipulations in them that dictate whether or not you can be fired for certain acts or results.
There are other ways that wrongful termination can occur. A few include:
- Violation of public policy, or if you are fired when voting or serving on jury duty
- Retaliation, which is when your employer specifically gets back at you for something you did at the company, whether it is file a claim with Human Resources, ask for a raise, or take vacation during a busy time of year
- Whistle blowing, or alerting authorities or another organization to any wrongdoings or suspicious activity at your job and thus being targeted for it
- Discrimination, such as getting targeted for your race, sexual orientation, religion, age, gender, nation of origin, ethnicity, and more
In many instances, an employee may be fired as a result of one of the above reasons, but will not know it. This is commonly seen when an employer lies about the reason behind the termination or masks his intentions.
If you believe you were wrongfully terminated and you want to investigate further with the help of an El Cajon wrongful termination attorney, contact our law firm today.
Legal Protections for Employees
Employees are protected from illegal termination and discrimination thanks to a few laws and Federal acts that were passed. Some of the most often-utilized Acts include:
- The Civil Rights Act of 1964, which prevents discrimination on the basis of ethnicity, race, nation of origin, religion, sex, and more
- The Age Discrimination in Employment Act of 1967, which protects workers over the age of 40 from being illegally terminated because of their age or because the employer wants a younger workforce that will not be paid as much
- The Americans with Disabilities Act of 1990, which provides disabled individuals with the right to reasonable accommodations in the workplace and the protection from being fired for their injuries, provided they still have the ability to work despite the handicap
Other amendments to the acts added more protections; the Pregnancy Discrimination Act, for example, ensures that pregnant women and mothers are safe from wrongful firing. Our attorneys will be glad to help you understand the laws that protect you. Call our El Cajon wrongful termination lawyers today for additional assistance.
Steps to Take to File a Wrongful Termination Claim
It’s important that you collect ample evidence for your claim. However, we know it can be difficult, especially if you were suddenly terminated. Here are some key pieces of evidence that you could have that will help bulk up your claim:
- Emails and texts from coworkers, your boss, or the Human Resources department that mention the discrimination or termination
- Proof of a history of similar actions by your employer to other individuals who share your traits or qualities
- Testimony from coworkers who can attest to your termination
- A journal of the discrimination as it happened
- Photos, videos, or recordings of any discriminatory behavior or hostility that could be used as a precursor to your termination
- A history of your performance reviews to show your standing as a good employee
- A copy of any contract you signed that outlined the terms of your employment
All of this evidence can be bundled together in a package to be sent to your employer. Our team of wrongful termination attorneys in El Cajon will be more than happy to help you acquire all the necessary evidence. We will also conduct our own investigation and find more to prove your claim.
Earnings from a Wrongful Termination Lawsuit
As a victim of a wrongful termination incident, you can earn coverage for the damages you suffered. An attorney can ensure that you are aptly covered for the monetary losses and other wrongs. For example, you can receive compensation for the following:
- Lost wages from the time you were not working or from any missed commissions, income, and other earnings at work.
- Pain and suffering, or emotional injuries stemming from the mistreatment at work; you may have suffered PTSD, anxiety, fear, psychological trauma, and more.
- Punitive damages, which are handed out in times of gross negligence or when your employer deliberately targeted you and acted with harmful behavior; these damages are usually additional forms of monetary compensation and are
meant to punish the individual and dissuade him from acting like that again. They are usually handed out in lieu of jail time. Further, they are usually viewed as excessive, and many judges and juries are hesitant to award them, so only a skilled wrongful termination lawyer in El Cajon will be able to win them for you.
Our El Cajon wrongful termination lawyers will strive to secure you the maximum compensation available under the law. We won’t rest until we are satisfied with the result. You should not be expected to suffer any debts because of a lack of income, and you should be awarded if your employer targeted you and compromised your career.
Time Limit to File a Lawsuit for Wrongful Termination
It is important that you understand the different amounts of time that dictate wrongful termination claims. The statute of limitations is the time in which you can take legal action; if you do not file a claim within that period, you will be barred from filing one in the future and you will not be able to receive any compensation for your damages. The statute of limitations is in place to ensure that claims are filed with efficiency and accuracy; the longer a claim sits, the more likely it is that evidence will be lost and witnesses will not clearly remember the details of the case. Further, the defendants may not be able to actually pay for the damages anymore, or you may have already moved well past the point of legal action.
The statute can vary depending on the type of violation. For the most part, you will only have 90 days to file a claim with the EEOC or the DFEH, and once an investigation has occurred and a right to sue letter has been delivered, you will have one year to sue your employer. In some cases, you have two years to file a claim. It is crucial that you speak with an attorney as soon as you suffer the termination, as the deadline is extremely short and may quickly run out.
There are some exceptions to the statute of limitations. One of the most common is the location of the defendant; for example, if the defendant leaves the state, the statute of limitations will be temporarily put on hold until he returns.
Speak with our El Cajon wrongful termination lawyers if you wish to file a lawsuit against your employer or if you need fast advice on the time left to take action. We will be glad to help you.
Why Choose Us
The California Labor Law Employment Attorneys Group has a team of El Cajon wrongful termination attorneys can secure you the compensation you deserve for your troubles. We have recovered millions of dollars for our clients and we know the best methods to winning your case. We have no shortage of experience and we will aggressively negotiate a fair deal and seek to enact a positive change in your workplace. We can even get you reinstated into your old position at times, although many choose not to go this route because of the likelihood of repeated discrimination.
Call us today to receive a free legal consultation with an expert attorney about your case. We can tell you what we believe it’s worth and how we plan on winning it. You are invited to ask us any questions you want and we’ll answer them for you so you have ample knowledge about the law. We will also tell you more about our zero fee guarantee, which promises that you won’t have to pay a dime out of pocket for our legal fees; we will only get paid if we win, and the money will come out of the settlement we bring you. If we lose, we earn nothing whatsoever.
Get in touch with the California Labor Law Employment Attorneys Group to discuss your case with one of our wrongful termination lawyers in El Cajon today.