One of the most problematic situations to suffer through is a wrongful termination. You may be released from a job for any number of reasons throughout your life, whether that is due to a poor performance or because the company needed to consolidate positions. In some situations, though, you may be fired for reasons that are illegal. Worse, you may not be aware of the reasons because your employer lied to you or because you are simply not experienced with labor laws. If you were terminated from your position but you feel the reason was unlawful, you can file a wrongful termination claim. This claim can hold the business accountable for its actions and ensure that you are fairly compensated in one way or another. Unfortunately, not many people know the inner workings of these claims and are unable to successfully win the lawsuit. As such, our team of attorneys at the California Labor Law Employment Attorneys Group is here to help you. We can provide you with experienced El Monte wrongful termination lawyers who can take care of your case from start to finish.
Legal Information For Employment And Wrongful Termination
Many businesses operate under at-will employment. This means that you can be fired for any reason at all at any time, even if there is no reason for the action. However, the reason cannot be unlawful or illegal. That is, there must be no discrimination behind the firing and there must not have been any violations of public policy, retaliation for whistle blowing, to not pay out your wages and fairly earned commissions, and more. By the same token, you can leave your job for any reason.
There are several acts that protect you from unlawful termination. These acts include the Civil Rights Act of 1964, which protects you from being terminated due to your race, ethnicity, color, nation of origin, sex, religion, and more; the Age Discrimination Act of 1967, which protects employees over the age of 40; and the Americans with Disabilities Act of 1990, which prevents those with disabilities or handicaps from being targeted, fired, or denied reasonable accommodations in the workplace. In addition, the pregnancy discrimination act helps protect women from being terminated because they are new mothers, expecting mothers, or plan on having a child.
In order to get around these protections, many employers will simply not say why you were fired. They will claim that the company needed to save money or that you were in a position that could have been removed without any damages. They may even make up false claims about your performance or work ethic as an excuse.
Keep in mind that you cannot be fired for the following reasons:
- Retaliation, which includes complaining about treatment at work, filing a complaint about discrimination or harassment, asking for a raise, and more
- Whistle blowing, which is the act of alerting authorities or news outlets to some unsavory, illegal, or immoral acts committed by the company
- Adhering to public duty, such as taking time off to go to jury duty or to vote in an election
- Discrimination, or because you were a different race, religion, sex, or other trait
There are other reasons that you cannot be fired. If you want to know more about your specific case, you can contact our El Monte wrongful termination lawyers for help. We’ll be able to tell you if you were lawfully fired or if you were illegally terminated.
Evidence for a Wrongful Termination Claim
You may be faced with hostility at the workplace or be threatened with termination. If you are, you should document as much evidence as you can in case you are illegally terminated. If you have already been fired, you should gather evidence from ex-coworkers and dig up any old correspondence that you had. You can look for the following:
- Coworker testimonies stating that you were illegally fired, mistreated, or similar; further, they could help show that there was a pattern of behavior if other individuals were also unlawfully fired
- Documents and emails from the Human Resources Department at your job showing the different routes you took, complaints you filed, conversations you had, replies they made, and more; it is crucial t understand that HR works to protect the company and will always place the employer first
- Any contracts you signed or implied promises that were made that guaranteed you additional employment, or any clauses that dictate the conditions under which you could be fired
- Photos, videos, or recordings of any discrimination that could be used to show that you were being targeted for termination
Of course, gathering this evidence can be extremely difficult, and it requires a lot of due diligence. If you are in need of assistance, call one of our El Monte wrongful termination lawyers. We will handle your case for you from start to finish, including gathering your evidence, submitting the claim, and working to bring you every form of compensation that you deserve.
Compensation from a Wrongful Termination Lawsuit
If you were wrongfully terminated, you can file a claim to receive restitution for the ordeal you suffered through at your job. You may be offered a small settlement at first, but it is generally a good idea to negotiate a fairer deal. After all, a wrongful termination claim could be impactful on the company, but it could also greatly affect your life. You should be fairly compensated for the troubles. We will help you earn the following:
- Lost wages from days that you missed at work because of the termination, as well as missed commissions, bonuses, unpaid vacation days, and much more
- Emotional pain and suffering that could have resulted from the incident; you may have been afflicted with anxiety, PTSD, psychological trauma, and more, especially if there was discrimination and harassment involved
- Punitive damages if your employer were particularly negligent or if he deliberately acted out against you
- Reinstatement into your old position but this is not always selected by clients because of the circumstances surrounding their terminations; there may be hostility upon returning to work or they may be mistreated by the company,
so many choose to simply pursue employment elsewhere instead of taking the risk
Many times, individuals are curious about how much their cases are worth. A great deal of wrongful termination lawsuits end up settling for around $40,000. However, each case is different, and there are many factors that go into the worth of your case. Your wages play a role, for instance, and so do the grounds on which you terminated.
Talk with one of our El Monte wrongful termination lawyers if you have additional questions. We will gladly answer you and give you all the information you need to know.
Statute of Limitations for a Wrongful Termination Lawsuit
The statute of limitations is the amount of time during which you can file a lawsuit. If you try to take action after this time has ended, you will be barred from receiving any compensation and you will not be able to recoup your damages. These statutes exist so that claims can be handled swiftly and efficiently; the longer you wait, the more likely it is that evidence will be corrupted or forgotten about, or that the responsible parties will no longer be able to be reached.
Here are the statutes of limitations for wrongful termination lawsuits:
- Violation of public policy: 2 years
- Fraud: 1 year
- Breach of contract: 4 years
The most common statutes, though, are connected to the Civil Rights Act and the Equal Employment Opportunity Commission, and the California Fair Employment and Housing Act and the Department of Fair Employment and Housing. Under the EEOC, you must file a claim within 180 days of the incident happening; upon their investigation ending, you’ll receive a notice that informs you that you can sue. You can then file a claim for up to 90 days afterward. However, the presence of the DFEH means that your statute is actually 300 days for notification. The 90 day deadline after the investigation stays the same.
In short, the statute of limitations for a wrongful termination lawsuit can be extremely confusing. Your best bet is to immediately reach out to a wrongful termination lawyer in El Monte who can look over the incident and see if there is any evidence of illegal firing. You do not want to waste time when it comes to these claims because of how quickly they wind up becoming ineligible.
Why Choose Our Firm
The California Labor Law Employment Attorneys Group is one of the most highly rated law firms in the city. We have years of experience on our side and we place our clients first. You should not be subjected to unfair treatment in the workplace. Our goal is to not only bring you the compensation you deserve but to bring about a positive change at your business, one that encourages acceptance and does away with any illegal or immoral acts like wrongful termination and discrimination. We are glad to take on your case, and if we need to fight for your rights as an employee in front of a judge, we are more than willing to take your case to court. Our firm has recovered millions of dollars for our clients and we know the best methods to ensuring success.
If you have questions or concerns, you are welcome to contact us for a free legal consultation. We’ll walk you through the legal process and will tell you anything you wish to know about the laws concerning employment. We’ll also look over your case and inform you what we believe we can win for you. Don’t be afraid to ask us whatever you wish.
If you want to hire us to represent you, we will also give you our zero fee guarantee – a promise that you won’t have to pay a single dime of your own money for legal representation. We’ll cover the costs of the case ourselves, and if we win, our legal fees will get covered by taking a portion of the settlement we win for you. If we lose, we do not get paid at all, and you can walk away without owing us any money whatsoever.
To speak with our El Monte wrongful termination lawyers about your claim, reach out ot the California Labor Law Employment Attorneys Group.