Various laws have been introduced to curtail the abuse of employees by their employers. One of the many problems that employees face is wrongful termination, which can happen for a number of reasons. Employees may not be aware that they can take legal action to correct the issues, and they also may not know that there are employment law firms like ours that strive day in and day out to change the workplace for the better. The California Labor Law Employment Attorneys Group can provide you with a team of qualified Irvine wrongful termination lawyers if you feel that your rights were violated at your workplace. You should take all necessary routes to fight back against your employer if you were targeted in any way, and our firm will be glad to help.
Legal Details of Employment
In California, at-will employment allows a degree of freedom from both workers and their companies. Companies can freely hire and fire workers at any point for any reason, so long as the reason is not unlawful or illegal. By the same token, workers are free to leave their jobs at any time. Some factors that have an effect on at-will employment could be contracts and terms that bind workers to the positions for a set period of time or under certain circumstances.
Employers will still attempt to circumvent the rules and will still attempt to illegally terminate employees. In many case, they succeed because employees do not know their rights were violated or they do not know what protections they have.
There are various laws that further protect employees from certain actions from their businesses. A few of the more common ones include:
- The Civil Rights Act of 1964, protecting employees from discrimination based on race, religion, sex, nation of origin, color, and more (the Act was later amended with the Pregnancy Discrimination Act, which affords protection to pregnant women, expecting mothers, and those who are on maternity leave or need accommodations)
- The Age Discrimination in Employment Act of 1967, which prevents employees over the age of 40 from being discriminated against, passed over, fired, or mistreated because they are older than others
- The Americans with Disabilities Act of 1990, which allows those who have disabilities of any kind or handicaps of any kind to be treated fairly at the workplace and given reasonable accommodations for their troubles; these individuals cannot be fired for their disabilities, especially if there are accommodations available that would allow them to complete their job duties at no trouble to the company
Other protections are available on State levels, while some actions are further protected. If you feel that you were illegally fired, contact our Irvine wrongful termination lawyers for more assistance. We will look over your case and your evidence and determine if you were victimized by your employer.
Forms of Wrongful Termination
Wrongful termination can be the result of discrimination, which is most common. However, it can also happen in violation of many other rules and regulations. You should always pay careful attention at your job to determine if there was a pattern of behavior that led to your termination or if the action came out of nowhere. Some of the types of wrongful firing include:
- Retaliation, which may happen if you filed a complaint, brought up an issue, demanded a raise, or otherwise did something that your employer may have disagreed with that was outside of your job duties (that is, if you made a business decision or handled a customer situation in a questionable manner, your termination would not be retaliatory).
- Whistle blowing, or calling the authorities or media outlets to alert them to the actions of your employer, is protected, and getting fired for doing so is illegal.
- Discrimination, or being fired for possessing a certain trait; it can be hard to pinpoint discrimination in some cases, so ample evidence is worthwhile for your case.
- Breach of public policy, which involves getting fired for serving your civil duties, like going to jury duty or casting your vote in an election.
- Breach of contract, or a violation of any written agreement you signed that guarantees your employment or that states that you cannot be fired unless certain circumstances are met (verbal agreements may also be upheld, but are more difficult to prove)
- Leave violation, which can happen during maternity and paternity leave, military service, and more.
If you feel that your employment came to an abrupt end because of one of these illegal motives, you can pursue legal action. Our wrongful termination attorneys in Irvine will gladly assist you with your case.
Gathering Evidence for Your Lawsuit
Collecting evidence for your wrongful termination claim can be difficult, especially if you no longer have access to your workplace. You could have noticed issues prior to your termination and already had a backlog of evidence, but many people do not practice such diligence. If you went to your boss or to Human Resources (HR) ahead of time before your termination to complain about any problems, you may have pieces of proof.
You should collect the following:
- Emails and statements from your boss or from HR if they addressed your complaints and queries
- Statements from coworkers who can testify to the illegality of the termination
- A history of similar terminations or discrimination by your employer
- Admissions from your boss or manager as to the reason you were being fired (especially if they did not lie about the reasoning)
- Any contract you have that was signed
- Proof from your employee handbook
- Pictures, videos, or recordings of any harassment, discrimination, discussion to illegally fire you or act unlawfully, and more
All of your evidence can be assembled with the help of a skilled wrongful termination lawyer in Irvine. If you feel that you are still in need of additional proof, our lawyers will hire expert witnesses and utilize other cases and laws to establish how you were mistreated. We will not rest until we are satisfied with the results.
Our lawyers will handle your claim for you, from start to finish, so you don’t have to worry about anything. According to the law, you must first go through the Equal Employment Opportunity Commission, a federal agency which will conduct an independent investigation that can grant you the right to sue your employer. This is not required if there is a state agency available, though, and in California, that is the Department of Fair Employment and Housing.
We will submit your claim to the necessary department and swiftly take legal action upon confirmation and approval of a lawsuit.
Statute of Limitations for Wrongful Termination
One of the biggest reasons that many wrongful termination claims are missed is that people do not know the time limit they have to file a claim. You must file a complaint with the DFEH no later than one year after the termination occurred, and once a right to sue letter has been issued, you will have one year to take action after that.
There is a possibility that the statute of limitations can be extended if there are certain circumstances. Some common exceptions to the statute include the country entering a state of war and one of the parties serving in the military, as well as the defendant leaving the state or the country.
Additionally, the statute of limitations may be decreased if you intend on filing a claim against a government entity. The statute could be as much as halved.
Contact an Irvine wrongful termination lawyer to determine the time left on your claim.
Compensation from a Wrongful Termination Lawsuit
Our lawyers will strive to bring you the compensation you deserve for your wrongful termination claim. You should not be put into any debt because your employer acted illegally and terminated you. The following types of compensation may be awarded in a lawsuit:
- Lost wages from the past and future
- Reinstatement of your job
- Reimbursement of missed benefits, promotional pay, bonus money, commissions, and more
- Pain and suffering, like PTSD, fear, anxiety, emotional scarring, and more
- Punitive damages if your employer acted with an intention to harm or if he was especially discriminatory in his actions towards you
Our attorneys will strive to secure you the maximum compensation available for your mistreatment. Your employer should be held accountable for his actions and should be made to pay off the various damages you suffered. It is unfair that you were financially affected because of an illegal termination, and our Irvine wrongful termination lawyers are here to help.
How We Help You
The California Labor Law Employment Attorneys Group will work around the clock to bring you what you need. We will negotiate a fair settlement with your employer or insurance agency and will ensure that you’re rightfully compensated for your suffering and injustice. We aim to change the workplace for the better and will not stop until there is a positive effect and justice is served. If we have to go to court, our aggressive lawyers will prove that your rights violated in front of a judge and jury.
For a free legal consultation, call our law firm. Your case details and private information will be kept completely confidential, and you are encouraged to ask us any questions you want. We will tell you more about our zero fee guarantee, which promises that you won’t touch your finances throughout the legal process. Our firm will cover the costs of the case and we will only have our fees paid if we win -your employer’s insurance company will reimburse our fees. If we lose, you do not pay us anything, and we take the losses ourselves. You should not be expected to use your own finances if you are suing for lost income and other monetary damages due to mistreatment.