Employees are protected in the workplace thanks to various Federal laws. For example, the Civil Rights Act of 1964 prevents employees from being discriminated against and fired based on their religion, sex, color, race, ethnicity, country of origin, and more. There are other protections available, such as age and disability, that are also Federally-enacted. These Acts help counteract at-will employment, which allows businesses to fire their employees at any moment for any reason, provided the reason is legal. However, many companies still try to circumvent these laws, and in doing so, wrongfully terminate employees. If you have been wrongfully terminated, our law firm, the California Labor Law Employment Attorneys Group, can help you secure compensation for your damages. Our wrongful termination attorneys in Mission Viejo will be glad to assist you with your claim.
Wrongful Termination Types
In many cases, victims of wrongful termination may not even be aware that they were illegally fired. They could be under the impression that they were let o for a completely valid reason, either because they were led to believe it or because their bosses lied to them. However, if you feel that you were fired for an illegal reason, you should immediately start searching for evidence and contact one of our wrongful termination lawyers in Mission Viejo. We will gladly help you with your case and will be able to identify the kind f wrongful termination you suffered.
Some of the most common forms of wrongful termination include:
- Retaliation, which can happen if you filed a complaint about sexual harassment or discrimination, or if you brought up any issues of disparate pay or a lack of upward growth. If you were deliberately targeted for these actions, you could consider retaliation as the cause of your firing.
- Whistle blowing, which is similar to retaliation in that it is your employer attempting to get back at you, but it is after specifically going to the authorities to alert them to wrongdoings or illegal activities.
- Discrimination or harassment, such as targeting you for your race, sex, color, religion, and more; such discrimination can take many forms and is the most often-cited form of wrongful termination.
- Breach of contract, or the occurrence when your employer violates any clause you agreed to, such as not being fired before a certain date or only being able to be fired if you suffered numerous poor performance reviews and evaluations.
- Leave violation, which may take on many forms, including being fired for serving on a jury, going to vote, taking medical leave, taking pregnancy leave or maternity leave, and much more.
If you feel that you were a victim of termination for any of the aforementioned reasons, you can contact our Mission Viejo wrongful termination attorneys. We will be able to tell you if your claim is valid and what you can do to move forward.
What To Do After A Wrongful Termination
It can be very difficult to take action after a wrongful termination claim. You may be confused or depressed if you have been fired, and any attempts to correct the situation may not have worked out. Your employer may not allow you back on the premises and you may have lost any access you have to evidence. This is why it is important that you have a log that details as much as possible leading up to the firing. Discrimination often is a gradual path. You should make sure to have the following:
- Emails and messages from your Human Resources department that discuss the situation
- Messages from your boss discussing any topics about your job, job security, discrimination, mistreatment, and more
- Surveillance footage, pictures, videos, recordings, and anything else that can help you show you were wrongfully fired
- Coworkers’ statements and testimonies that support your cause, as well as statements from coworkers that show a previous history of wrongful firings or terminations
- A journal detailing the incidents, complete with ample detail times, dates, and more
- Any proof you have that would support your claim, such as evidence of voting, pay stubs to show your rates, and more
- Contracts, agreements, promises, and other written documents that can show you were rightfully employed and should not have been fired
It may be hard to support an implied promise or a verbal agreement. You should always have additional evidence in these scenarios. Regardless, after a wrongful termination, you should collect as much evidence as you can and pursue assistance from a skilled wrongful termination attorney in Mission Viejo.
It is crucial that you get legal help. There are documents that need to be quickly filed, for one, but more importantly, you may not know the best way to go about handling your case. If you have no legal experience or if you are not wholly familiar with your rights as an employee, your claim could be quickly thrown out or you could be outright ignored by any representatives from the company. One of our Mission Viejo wrongful termination lawyers will be able to ensure this does not happen – we are appropriately experienced and will handle your case for you from start to finish.
Earnings from a Wrongful Termination Lawsuit
If you were wrongfully terminated from your job, you could reeive various types of compensation to cover the debts and expenses that you racked up after the incident. Your employer should be made to cover anything that he caused you to lose. With the help of our lawyers, you can receive compensation for the following:
- Lost wages from the past
- Missed income from the future
- Recouped payment for benefits
- Reimbursement for potential commission, tips, bonuses, overtime, and more
- Unpaid vacation and sick time
- Pain and suffering damages to cover PTSD, anxiety, fear, and other emotional traumas associated with the event
- Reinstatement into your old position or reassignment into another job at your company or at another branch or location
In some cases, punitive damages are also available. Punitive damages are handed out in times of gross negligence or when the defendant intends to cause you harm. They may be pursued in highly discriminatory cases or when other actions accompany the wrongful termination, such as assault. These damages are purely monetary punishments that are meant to dissuade the defendant from acting in the manner in the future, but they are usually viewed as excessive or harsh y many judges and juries. In order to win punitive damages, your attorney must be particularly skilled and experienced in wrongful termination claims.
If you want to learn more about what you can win in your lawsuit against your employer, reach out to our Mission Viejo wrongful termination attorneys.
Deadline for Wrongful Termination Lawsuits
In California, the DFEH takes precedence over the EEOC. This means that you have a slightly extended statute of limitations when compared to the Federal counterpart. You have to alert the DFEH to the wrongful termination within 300 days of the incident. Once you have done so, the DFEH will conduct an investigation to determine if your claim has any credence. If they deem that it does, they will then issue you a right-to-sue letter. Upon receiving this letter, you will have one year from the date inscribed on it to file a lawsuit against your employer.
If your employer is a government entity, though, you will only have 45 days to file a claim. You can also potentially have more or less time depending on the type of wrongful termination claim. You may have up to four years to sue for a breach of contract, for example.
It is imperative that you speak with one of our Mission Viejo wrongful termination lawyers to determine how much time you have left on your claim. You may even be able to have the statute extended, such as in cases where the defendant has left the state or the country – the statute would thus be frozen until he returns and extended to match the days he was gone.
Our Firm and 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 lawsuit. We will aggressively fight for your rightful restitution, and if we have to go to court to win your damages and prove that your rights were violated by your employer, we are willing to do so. We have years of experience in employment law and we know the best methods and tactics to win your lawsuit.
Call our firm today for a free legal consultation with one of our qualified lawyers. You may have many questions about your case and the legal process, and we will gladly answer them. We will also give you more details about our zero fee guarantee, which promises that you won’t have to pay a single dime out of pocket throughout your case. We will only get paid if we win, and your employer will cover your legal fees. If we lose, we do not take payment at all.
Don’t let a wrongful termination affect you. Get in touch with one of our wrongful termination attorneys in Mission Viejo for more assistance.