Victims of wrongful termination may not even know that they were targeted. They could have simply been told that they were being laid off to save money or because their previous performance reviews were not up to scratch. If you were fired, you should consider all different points and perspectives behind the termination. There may be evidence that sticks out that points to discrimination, or you may hear from other coworkers that there was a plan to get rid of you because of some action you took, such as filing a complaint. If you believe you were unlawfully fired, you should contact our Highland wrongful termination lawyers for more assistance. Our team of employment lawyers at the California Labor Law Employment Attorneys Group can ensure that you receive fair treatment from your employer, and we will help you with your lawsuit every step of the way.
Legal Information of Wrongful Termination
It is illegal to be fired for certain traits or qualities. Although you can be fired at any time thanks to at-will employment, the reason must be lawful. Therefore, if an employer fires you because he does not think you are a good fit at the company, that is perfectly acceptable. However, if he fires you because he doesn’t think you’re a good fit at the company because you practice a different religion, it’s a textbook example of wrongful firing.
A few different Federal laws were put into place to protect employees from being targeted by their employers. The most common Acts include:
- The Civil Rights Act of 1964: Protects employees on the basis of race, religion, sex, color, ethnicity, nation of origin, and more
- The Age Discrimination in Employment Act of 1967: Protects employees over the age of 40
- The Americans with Disabilities Act of 1990: Protects employees who are disabled or have handicaps
Although these protect employees based on traits, there are other ways that you can be fired and for it to be illegal. Here are a few examples:
- Discrimination: As listed above, racial discrimination, sex discrimination, pregnancy discrimination, disability discrimination, and more are all illegal. You cannot be fired for those reasons, and if you can show that your employer acted out against you with those traits in mind, you could file a lawsuit.
- Retaliation and whistle blowing: It is illegal for your employer to retaliate against you for your actions if you were rightfully allowed to follow through with them. For example, if you were sexually harassed at work by your boss, you may file a claim with HR. This claim could be discovered by your boss, who could fire you in retaliation. This is illegal. Further, you may discover that your company is participating in illegal activities and call the cops to prevent them from happening anymore. You cannot be fired for alerting the authorities, or whistle blowing.
- Violation of public policy: As a citizen, you have the right to vote in your elections and to serve on a jury if you are called. Your employer cannot retaliate against you for choosing to follow through with these choices.
There are other cases of wrongful termination, such as being fired while on sick leave, maternity leave, paternity leave, and vacation. You should speak with one of our wrongful termination lawyers in Highland for more help determining if you were unlawfully fired.
Filing a Wrongful Termination Case
In order to successfully file a wrongful termination lawsuit against your employer, you will need ample evidence showing that you were discriminated against or targeted, or that you were fired because of some kind of prejudice or retaliation. It can be difficult to gather this information after you have already been fired, especially if the majority of it comes in spoken word form. If you have the following evidence, you will be in great shape for your claim:
- Emails from Human Resources discussing any previous problems related to the termination
- Messages from your boss or coworkers that could point to the wrongful termination’s reasons
- Videos or recordings of any plans to illegally fire you
- Prior instances of wrongful termination of coworkers, such as minorities or women who were sexually harassed
- Any contract that may have been violated by your employer
- A journal detailing the events as they happened
- Proof of reduced wages, decreased hours, nixed vacation time, and more that could show that you had a right to complain and were subsequently fired
- Testimony from coworkers supporting your claim that you were illegally terminated
After you have acquired as much evidence as you can, we will do our part to collect more and assemble it together. You should not have to worry about proceeding with the evidence and the lawsuit once you have done your part. Our lawyers will take care of the rest and let you focus on other employment opportunities. You should not let the stress of the case interfere too heavily with your life. Our Highland wrongful termination lawyers will be there for you every step of the way, and we will work around the clock to win your claim.
Wrongful Termination Lawsuit Damages and Compensation
Victims of wrongful termination should be aware that they can be compensated for their losses. These damages are usually slightly different than those earned in personal injury claims, but there are some similarities.
For one, you can have the wages you lost out on be reimbursed by your employer. You may have been terminated and not given the money you were owed, whether from your paycheck or from bonuses and commissions. You also could have the wages you lost in the time you spent unemployed after the termination.
There may be the opportunity for you to be reinstated into your old position as well. However, many individuals opt not to take this route because of the chances of additional discrimination and retaliation after the lawsuit has been settled. Future mistreatments could be carried out more carefully to be masked better, and they could also impact the chances of other employment choices.
After a particularly troublesome ordeal, you could pursue pain and suffering damages. These would allow you to collect compensation for the emotional trauma, anxiety, fear, PTSD, and other psychological troubles. They could take a long time to overcome and may cause you lasting damage.
If your employer acted particularly negligently or if he deliberately targeted you and discriminated against you, you could potentially receive punitive damages for your case as well. These damages are purely punishing and are meant to dissuade the defendant from acting that way again. They are additional forms of monetary compensation and are often handed out in lieu of jail time. However, many juries view these damages as excessive and unnecessary, and it can be difficult to win them without the help of a skilled lawyer.
If you are in need of an attorney, call our Highland wrongful termination lawyers for more help. We’ll see to it that you receive the maximum compensation available under the law for your lawsuit.
Deadline to File a Wrongful Termination Lawsuit
The deadline to file a wrongful termination lawsuit in California varies with the type of case you have. For example, if you were terminated after fulfilling public policy, you would have 2 years to file a claim. In most wrongful termination cases, though, you have mere months to take action.
The Equal Employment Opportunity Commission, or EEOC, dictates that you submit a charge to them so they can investigate. You have 180 days to file a claim and then 90 days thereafter to sue your employer. However, this is only true if there is no state agency present. In California, the Department of Fair Employment and Housing, or DFEH, takes precedence.
Under the DFEH, you have 300 days to submit a charge and then 1 year to file a claim against the employer. You may only file a lawsuit in either case if the department gives you a notice that dictates that you can sue.
These varying statutes of limitations can be confusing. It is further frustrating if you intend to sue a government agency of some kind, as there is usually less time to file a claim. In some cases, you only have 45 to 90 days to take legal action.
For more information and to determine exactly how much time you have left on your deadline, you should contact our Highland wrongful termination lawyers. We can also help you figure out if you have any chance for your statute to be tolled, or extended. This usually happens if you were underage at the time of the termination or if the defendant left the state for a certain amount of time. We will look into all the circumstances surrounding your case and give you an accurate deadline.
The Firm for You
Our wrongful termination lawyers in Highland at the California Labor Law Employment Attorneys Group do not only work to bring you what you deserve. We want to change the workplace for the better. Your case is important to us, and we believe that each and every employee who is discriminated against or wrongfully terminated should be fairly compensated by his employer. If we need to take your case to court because your company refuses to comply, we are willing to do so and will aggressively work to win your case and fight for your rights in front of a judge and jury.
For a free legal consultation, call our firm today. We’ll be glad to go over your case with you and tell you how much we believe we can win. It is always wise to seek legal advice and to enlist the help of a lawyer when pursuing a lawsuit – you may not have the experience, knowledge, money, or time needed to effectively win your case, and we will dedicate ourselves to the victory.
If you hire us, we’ll give you our zero fee guarantee. This ensures that our fees will only get covered if we win, and the money will be taken out of the settlement won from your employer. If we lose, we do not take any payment whatsoever. Win or lose, your finances do not get touched.
Let our Highland wrongful termination lawyers help you with your case. Get in touch with the California Labor Law Employment Attorneys Group today.