Many employees are fired for illegal reasons every year. It is usually unknown to them, however, and they may never see the compensation they deserve for their mistreatment. Our team of attorneys at the California Labor Law Employment Attorneys Group promises to help you if you were wrongfully terminated by your employer. You should not be expected to walk away without any compensation if your employer discriminated against you for any reason. Call our offices today to get help from one of our Huntington Park wrongful termination lawyers.
Wrongful Termination Details
In California, at-will employment means that you can be fired at any time for any reason, provided that reason is not illegal. You may also leave your job at any time, provided you break no contracts in doing so. Workers are protected in various ways; a few examples include:
- The Civil Rights Act of 1964, which protects workers on the basis of race, color, ethnicity, religion, sex, nation of origin, and more
- The Age Discrimination in Employment Act of 1967, which protects employees over the age of 40
- The Americans with Disabilities Act of 1990, which helps disabled individuals and handicapped workers from facing discrimination, such as by being denied reasonable accommodations or being terminated for their disabilities if the disabilities do not interfere with their job capabilities
Workers should familiarize themselves with these acts, as well as many others. Pregnant women, for example, are also protected thank to an amendment. If you feel that you were fired for an illegal reason, it is recommended that you contact an attorney for more help. Other examples of illegal firing include:
- Whistle blowing
- Violation of public policy
- Discrimination, whether sexual, racial, pregnancy, and more
- Fired while sick
- Fired for requesting a fix to disparate pay
If you are fired simply because your employer does not feel you are a good addition to the company, it is not illegal. However, if he does so because of the color of your skin, you have ample evidence for a wrongful termination lawsuit. Our Huntington Park wrongful termination lawyers can help.
Steps to Take to Prove Wrongful Termination
It can be difficult to prove that you were wrongfully terminated. Sometimes, a wrongful termination occurs after weeks or months of discrimination, and you may have ample evidence backed up already to showcase how you were mistreated. Other times, though, it happens suddenly, and your ability to gather necessary evidence could be greatly compromised. It is recommended that you take the following steps to ensure that you have the best chance of success with your claim:
- Take any recordings, videos, emails, messages, texts, and more that show prior discrimination or that show that you brought up the issues with your boss or Human Resources
- Interview coworkers and clients to get their statements on the termination or previous discrimination
- Present any contracts you signed or agreements you signed, especially if they were violated by your employer; verbal contracts are also valid, but much harder to prove existed
- Provide pay stubs if you were denied any wages
- Request your previous performance reviews, if available, to show a history of good behavior and workmanship, especially if the termination came out of nowhere and for seemingly no reason
- Contact a skilled wrongful termination lawyer who can handle your case for you
Your attorney can take the evidence for you and file a claim on your behalf. You should not try to take action by yourself. Evidence can be hard to come by, and the more of it you have, the more likely it is that you will succeed. The most damning evidence is recorded statements of your boss explaining that he was terminating you for illegal reasons, but of course, it is extremely rare for this to happen. Many managers and bosses will be aware that they are breaking the law by terminating you, but will hide it by blaming it on another reason, such as a bad fit or a redundant position.
Let our Huntington Park wrongful termination lawyers help you with your case.
Restitution from a Wrongful Termination Claim
As a victim of wrongful termination, you should be fairly compensated for the losses you suffered. You would not have been subjected to such damages if you were simply treated fairly and properly by your employer. In some cases, a wrongful termination can result in you missing out on many funds and benefits, and it may negatively impact your future career choices or capabilities. Our attorneys will work to make sure you are covered for the following:
- Missed income stemming from days you were not at work, as well as future lost wages if you are still unemployed throughout the duration of the case
- Reimbursement for any lost benefits, commissions, bonuses, and more
- Repayment of vacation time
- Emotional pain and suffering that you went through because of the mental trauma associated with a wrongful termination
- Punitive damages, which may be handed out in certain cases, such as those based on discrimination; the trouble with these damages is they are seldom handed out, and as a result, only a skilled lawyer will be able to win them for you
There is also the chance for you to be reinstated into your old position. In some cases, the company can allow you to return to your old job so that you can continue earning. However, this can prove to be a problem for some individuals, especially if no changes are enacted at the workplace – the employee may be targeted for bringing a lawsuit against the business, and could face negative consequences.
If you want the best chance of success with your lawsuit, talk with our Huntington Park wrongful termination lawyers.
Time Limit to Sue Your Employer
You do not have a very long time to sue your employer if you were wrongfully terminated. In California, you have to go by the DFEH’s notification limit of 300 days. Because the DFEH is a State department, it takes precedence over the EEOC, a Federal department. Once you have submitted your claim to the DFEH, you must wait for them to give you a letter that allows you to sue the employer for discrimination. You will then have one year from the date of the letter to take legal action against your employer.
The statute of limitations can be tricky to abide by, especially because certain types of discrimination claims ma have increased and decreased amounts. Even the employer can change the time limit – suing the government, for example, usually has a drastically reduced deadline.
Bear in mind that you may be able to have the statute of limitations extended in some situations. Commonly, if the defendant leaves the State or country in an attempt to escape prosecution or consequences, the statute would be suspended until he returned.
Speak with one of our wrongful termination lawyers in Huntington Park if you want to determine the exact amount of time you have to take legal action against your employer.
Free Second Opinion
You may already have an attorney who is handling your wrongful termination lawsuit, but you may not fully trust him or he may not have given you the results he promised. In truth, many attorneys will simply take on many cases at a time to try and rush through them so they can collect their shares of the settlements and move on to others. This is not the honest way to represent clients and we believe it is an act of bad faith.
If an attorney is pressuring you to take a deal that you do not think is worthwhile, or if he has not responded to your calls or given you any information about the progress or status of your case, it may be wise for you to seek out a second opinion.
We can give your case another look to see if your attorney is doing all he can to win it or if he is simply taking advantage of you. Our lawyers will tell you what we believe your case is actually worth, and you can walk away with an informed opinion and knowledge base of what to expect from your wrongful termination lawsuit.
If you wish to switch representation and let us handle your case, we will gladly take on your claim. Talk with our wrongful termination lawyers in Huntington Park today for more help.
The Right Choice for You
Our law firm, the California Labor Law Employment Attorneys Group, can help you file your wrongful termination claim against your employer. We have decades of combined experience and know the best methods to winning your claim. We are aggressive and will fight for your rights day and night, even taking your case to court if we need to. We will not stop pursuing your rightful damages until we are satisfied with the result.
Call us today for a free legal consultation. We can make sure you are fully aware of the details of your case and will enlighten you on the legal process and laws behind termination. If you have any questions, we’ll gladly answer them. We will also tell you more about our zero fee guarantee, which promises that you won’t have to pay a single dime for legal expenses throughout your case. We will only get paid if we win, and if we lose, we do not take any money at all.