If you have been wrongfully terminated at your job, it is crucial that you reach out to one of our Lancaster wrongful termination attorneys. You may not have any legal experience at all, and you could be at a large disadvantage if you choose to pursue legal action. Our law firm, the California Labor Law Employment Attorneys Group, promises to work incessantly to win you the compensation you deserve. We know how difficult it can be for newly-fired workers to move forward with wrongful termination claims, and we promise to help you in the best way we know how – by litigating your case for you. Call our wrongful termination lawyers in Lancaster for more assistance.
Laws Protecting Workers
At-will employment means that employers can choose to do whatever they wish with their employees provided the reasons are not illegal. They can thus choose to fire anyone at any time. Workers are also able to leave the company at any time and do not have to stick around. However, parties must honor contracts and protect qualities.
There are several Federal Acts that protect workers from being wrongfully terminated. A few of these Acts include:
- The Civil Rights Act of 1964, which protects employees on the basis of their religion, sex, race, ethnicity, color, nation of origin, and more (this was later amended with the Pregnancy Discrimination Act, which protects pregnant women and mothers)
- The Age Discrimination in Employment Act of 1967, which prevents workers over 40 years old from being discriminated against or targeted
- The Americans with Disabilities Act of 1990, which helps those with disabilities and handicaps in the workplace; they must be given reasonable accommodations and cannot be fired for having conditions that could be mitigated with the help or attention of the company
To learn more about these laws and others that protect you in the workplace, Ccall our Lancaster wrongful termination lawyers today.
Wrongful Termination Examples
There are numerous ways that you can be wrongfully fired. However, just because you feel that you were illegally fired does not mean that you were. For example, if your boss fired you because you did not perform up to expectations or because he felt you were not a good fit for the company, there may be no evidence at all that it was wrongful. If, however, you were fired after discussing a way to cut down on sexual harassment in the workplace, it could have been a result of your comments or intentions.
Some common examples of wrongful termination include:
- Discrimination and harassment
- Breach of public policy
- Leave violation
- Breach of contract
- Whistle blowing
Evidence of Wrongful Termination
The evidence for wrongful termination can come in many forms and from many different sources You should always have as much proof as you can. However, this can be especially difficult for victims, as it is possible that the illegal firing was sudden and had no previous evidence to indicate it would happen. You should still seek to have the following kinds of evidence if possible:
- Pictures, videos, photos, recordings, and anything else concrete of any discrimination, harassment, claims, plans, schemes, and more that could be linked to the wrongful termination
- You should always go to your Human Resources department first to complain about the treatment, and you should make sure that all these visits have accompanying emails requesting follow-ups and discussing the details of the meeting
- Additional emails and messages from your boss
- Journal entries or notes with accurate details about any harassment or discrimination
- Contracts and written documents to support your claim
- Statements from coworkers supporting your allegation of wrongful termination, or testimonies from coworkers that show that there have been previous instances of discrimination or wrongful termination
You should have your company handbook handy as well to point to anything specific that was violated in addition to Federal laws. You may also want to bring up verbal agreements and implications or promises, but these are much harder to use as evidence because it is easy for the defendant to claim nothing of that nature was said, especially if you and he were the only ones present or involved in the discussion.
If you were terminated while on leave for any kind, you should have proof of your leave. This may take the form of medical bills and expenses, voting stickers and confirmations, notes from judges or a courthouse, and more.
All of this evidence can be assembled into a package and used by our Lancaster wrongful termination lawyers to win your case. Call us if you have questions on what evidence you may need to acquire to best succeed with your case.
Restitution from a Wrongful Termination Claim
A wrongful termination lawsuit can net you different types of compensation for your damages. If you were discriminated against, lied to, or otherwise mistreated and the result was your firing, you should be fairly compensated for your boss’s wrongdoing. The results of a wrongful termination can be devastating, as you may not be able to pay certain bills, afford rent, or cover other necessary expenses of life. Thus, it is more than simply losing your job – your entire state could alter, all because of the wrongful actions of your employer.
We will help you receive coverage for the following:
- Missed income from the past and future
- Reimbursement for lost benefits, promotions, commissions, tips, and more
- Coverage for emotional pain and suffering, such as anxiety, fear, PTSD, psychological scarring, and others
- Punitive damages if your employer were grossly negligent, intended to hurt you, knew about the harassment or discrimination or did nothing, or acted in a similar manner; these damages are difficult to win due to their reputation as excessive and harsh, so only a lawyer with ample experience in wrongful termination lawsuits will be able to win them for your case
There are many individuals who are offered reinstatement of their former positions at the company. If the employer has not changed any policies and the same boss and coworkers are present, the plaintiff ay elect to not accept the position back and may go elsewhere. This is usually done to avoid any additional discrimination or mistreatment, especially if there has been a history of such action at the company. You may be able to receive a transfer to another department or to another location, though.
Speak with our Lancaster wrongful termination attorneys for more details on what you can earn.
Wrongful Termination Statute of Limitations
Wrongful termination cases have a specific amount of time during which you can file a lawsuit. If you miss the opportunity to sue your employer, you will not be legally allowed to pursue any action in the future, and your claim will be tossed out. The statute of limitations can be confusing because of the different rules and organizations that dictate the limits. A wrongful termination lawyer in Lancaster can help you better understand the times.
In most cases, the Equal Employment Opportunity Commission, or EEOC, gives you 180 days to file a claim with them and then a short time afterward to take action. However, this is not the case if there is a State-run organization that handles employment disputes. In California, this is the Department of Fair Employment and Housing, or DFEH. The DFEH gives victims 300 days to alert them to the wrongful termination, and once the investigation has been deemed appropriate, 1 year to file a lawsuit against your employer.
In both cases, you must wait for a right-to-sue letter to come before you can go further with a lawsuit against your employer.
Bear in mind that if you are pursuing a claim against a government entity or municipality, you do not have the same amount of time to sue. Instead, you will only have 45 days to take action. This difference can cause you to miss the opportunity completely, which is why we highly recommend contact one of our Lancaster wrongful termination lawyers immediately after your firing. We will be able to tell you how much time is left on your case and if you are eligible for any exceptions.
Your Best Choice in a Law Firm
The California Labor Law Employment Attorneys Group promises to work around the clock to bring you every penny you deserve from your employer if you suffered a wrongful termination. We will not stop aggressively pursuing your deserved settlement until we are satisfied with the result. Our lawyers are willing to go to court to fight for your rights because we feel every employee deserves fair treatment.
Reach out to our firm today for a free legal consultation. We can be reached 24 hours a day, 7 days a week, and you will never have to worry about your private details being shared elsewhere. You can ask us questions about your case and employment law and we will tell you what we believe we can win for you.
By selecting us to handle your claim, you will be given our zero fee guarantee. This promises that you won’t touch your own finances throughout the case. We will take care of the legal costs and will only get paid if we win. If we lose, we don’t get any fees covered at all. Your financial standing is important to us, and we will not alter it.
Get in touch with our wrongful termination attorneys in Lancaster to file a lawsuit against your employer today.