If you feel that you were illegally fired, you should reach out to our law group, the California Labor Law Employment Attorneys Group. We have a team of wrongful termination lawyers in Indio that can handle your case effectively and efficiently, and if you have any questions at all, we will answer them for you. Employers often have the upper hand over their workers, and we seek to restore some of the balance and protect your rights. You should not be mistreated simply because you are employed. Victims of wrongful termination should take legal action as quickly as possible, and we are here to help.
Legal Details of Termination
At-will employment allows employers to terminate their employees for any reason at all, at any time, as long as the reason is lawful. That means that an employer can simply remove you from employment if he feels that you do not mesh well with the team or if you do not have the same perspective on goals. It is important to understand that you, as an employee, can also leave a job at any time under the same law.
A few of the laws that determine whether or not a termination was lawful include the following:
- Civil Rights Act of 1964, which protects employees based on race, nation of origin, religion, color, sex, and more, including an amendment for pregnant women
- Age Discrimination in Employment Act of 1967, which saves those over the age of 40 from suffering discrimination
- Americans with Disabilities Act of 1990, which helps those with disabilities and handicaps from being targeted in the workplace
You may find it prudent to familiarize yourself with these laws. If you need more help understanding them, you can always each out to one of our lawyers in Indio for assistance.
Types of Wrongful Termination
There are many different ways that you can be terminated, but the most common can be found below. You may not be aware that you were illegally fired – if you have any inkling that you were, you should speak with an attorney to clear it up.
- Violation of public policy, such as going to vote or serving on jury duty
- Retaliation, such as for filing a complaint about sexual harassment or pay discrepancies
- Whistle blowing, or alerting authorities to wrongdoing in the company and being punished for it
- Discrimination, as on the basis of your age, race, disability, religion, and more
- Breach of contract, such as when a contract states that you can only be fired for certain reasons or that you are guaranteed employment for a specific amount of time
You may also be wrongfully terminated if you are pregnant or if you have a disability. Pregnant women, for example, may be fired during maternity leave, or they may be fired early on in their pregnancy to save the employer the trouble of waiting too long to find a replacement. Those who are disabled may need certain accommodations to perform their job duties, and employers must provide them so long as they are not unreasonable. If an employer terminates you without providing any accommodations, you may have ample cause to sue for wrongful termination. Let our lawyers in Indio help.
What to Do After Suffering Wrongful Termination
If you have been wrongfully terminated, you may not be able to secure all of the evidence that you could, especially if you were barred from re-entering the premises. If you can, you should look to acquire the following evidence:
- Statements and testimonies from coworkers who witnessed the termination or who were aware of it
- Previous examples of discrimination or wrongful termination
- Emails, messages, voice mails, and anything else from your boss or from Human Resources discussing the issues or the termination itself, especially if you brought up a problem before and you were ignored
- Photos or videos of any discrimination that occurred
- Pay stubs or receipts showing any pay you lost or were refused because of discrimination or the termination
- Copies of contracts or agreements that may have been violated by your boss
- Proof of previous positive job reviews and performance reviews
- Proof of doctor’s notes, voting stickers, receipts, or anything showing why you needed to take time off if you were fired for any reason
- Written details explaining any prior discrimination and the situation surrounding the wrongful termination
Once you have all of this evidence, you can submit it to your attorney, who will gather it into a package and submit it to your employer. Your attorney will then begin the legal process, whether by negotiating a fair deal or showing that your rights were violated. You may find it prudent to search for employment in the meantime, especially if you relied solely on the job for income and do not have necessary savings.
A wrongful termination case can be extremely detrimental to your life, and we want to be there for you every step of the way. Let our Indio wrongful termination lawyers help however we can.
Deadline to Sue Your Employer for Wrongful Termination
In California you have 300 days to file a claim with the Department of Fair Employment and Housing (DFEH), who will then investigate the claim and decide whether or not to issue you a right-to-sue letter. You will then have one year after receiving this letter to sue for wrongful termination. If there were no state entity, you would have 180 days under the Equal Employment Opportunity Commission to file a claim, and a subsequent 90 days to take action.
If the target of your lawsuit is a government entity, your statute of limitations will be greatly reduced. Further, if you are filing a wrongful termination claim based on fraud, for example, the statute will increase to two years. It is crucial that you determine what kind of discrimination case you are filing; some have different deadlines.
A wrongful termination attorney in Indio can help you understand how much time you have left on your claim. It is recommended that you speak with an attorney before taking action; if you do not have a lot of time left, we can quickly get your lawsuit submitted. The sooner you act, the better it is for your case; sometimes, evidence can get lost over time, and witnesses may no longer remember the key details of the case.
Wrongful Termination Claim Restitution and Payment
It can be difficult to secure any compensation from your employer if you were wrongfully terminated – especially if you do not have an attorney to represent you. If you do have a lawyer on your side, you have a much better chance of success. We have handled numerous wrongful termination lawsuits over the years, and we know the best methods to securing you the money you deserve.
First and foremost, you should be repaid for any income you missed out on due to the wrongful termination. This can include your normal paycheck from your hourly wages or your salary, as well as any other amounts in the future that you won’t be able to collect, such as from a contractual dispute or a lengthy legal process.
There may also be benefits that you missed out on, such as 401k plans, pension, stock shares, and more, that you can have reimbursed. Additionally, there may be bonuses and commissions that weren’t paid out that can be added to your settlement.
You may suffer various types of emotional pain in the ordeal as well. Inner stress and psychological damages in the form of pain and suffering payouts, which cover PTSD, anxiety, fear, and other mental trauma that stemmed from the case, can be compensated.
Some employers may act in particularly negative or egregious ways, which could lead to them being hit with punitive damages for their actions. These are purely monetary payments inflicted on the defendant to persuade him to not behave the same way in the future. Of course, many judges and juries are not keen to hand these damages out; they are often viewed as unnecessary or excessive. It will take a qualified lawyer with wrongful termination experience to win them for your case.
It is possible for your employer to reinstate you into your old position and to provide new policies to abide by in the workplace. However, not all victims opt into this, as they may find it better to pursue a position elsewhere so as to avoid any retaliation from their employer or coworkers.
You may not be aware that you can earn as much as you potentially can from your case. Speak with our wrongful termination lawyers in Indio for more assistance and we will make sure you are fully compensated for your lawsuit.
Our Promise to You
The California Labor Law Employment Attorneys Group promises to work around the clock to bring you every penny you deserve from your wrongful termination claim. You should not be expected to cover any debts or be denied your rightful wages after such an ordeal. Our lawyers will negotiate the fairest deal from your employer, and we will seek to bring about worthwhile changes in your workplace to ensure the troubles never happen again. We are aggressive and relentless in our pursuit of justice – if we have to take your case to court to show that your rights were violated, we will present your case before a judge and jury. With our help, you are guaranteed the most dedicated attorneys in town.
Reach out to our offices today for a free legal consultation. All information you give us and any case details we discuss with you are completely private and confidential – you will not have to worry about anything being shared outside of our office walls. We will gladly answer any questions you have about your case, and we will tell you how much we think it’s worth.
Our zero fee guarantee also promises that you won’t use a dime of your own money to move forward with the case. We will cover the legal costs, and we won’t get paid unless and until we win – your employer will cover the legal fees in the event we secure a settlement. If we lose, we do not get paid at all, and your finances remain untouched.