Getting fired feel awful, no matter the circumstance, but there’s nothing worse than being fired for an unlawful reason, like discrimination and retaliation for doing the right thing. As someone who was wrongfully terminated in Thousand Oaks, you have the right to fight back and demand justice from your former employer. The California employment rights attorneys at our office are here to help, so contact us today for a free consultation.
Defending Yourself Against Wrongful Termination
As a general rule, most workplaces are governed by the at-will policy, meaning that you can be fired for any reason or no reason at all. However, workers are protected against termination under specific circumstances that violate California and federal labor laws.
Many employers do tell you why they are dismissing you as a matter of courtesy, like saying that your job performance isn’t up to par. This is an example of firing an employee “for cause,” though keep in mind that they are not obligated to give you a reason.
However, an employer may provide a reason, like failing to meet certain performance metrics, in order to cover up a wrongful termination based on:
- Discrimination due to a protected characteristic
- Retaliation against the employee after filing a complaint (sexual harassment, unpaid overtime, etc.)
- Retaliation for reporting illegal activity / unsafe conditions to a government agency
Evidence to Support a Claim for Wrongful Termination
Proving that you were unlawfully terminated is a complex and challenging process, and it’s best to have a lawyer who can help you gather evidence and file the necessary paperwork. Information in your employee file is the most valuable evidence, particularly your performance evaluations and reviews. This is helpful in determining if you were treated differently from others at your job that were in the same or similar position.
Is it Wrongful Termination if I was Fired Without Notice?
Though it’s common courtesy to give people 2 or more weeks of notice prior to ending their employment, clearly, there are people who are simply told that they are terminated, effective immediately. Unfortunately, the at-will system allows employers to fire employees without any amount of notice, just like an employee can quit on the spot and walk away from the job at any point.
Please note that you are legally entitled to any wages up until the point of termination. Thus, your employer should provide you with a check with the wages you are owed, including payment for the day you are fired. If they fail to do this, they may be in violation of California’s Labor Code and subject to a “waiting time penalty.”
What if I have a Contract with the Employer?
Even in at-will states, there are employers that have employment contracts with their workers. These contracts often include terms, like guaranteeing employment for one year for a specific job, unless the worker violates specific terms that are set by the employer.
Terminating an existing work contract is a complicated matter, and these agreements can be lengthy and difficult to understand. But there are key elements that you should be aware of, like the procedures on how a worker is to be terminated and if you are owed payment for the rest of the contract or only up to a specific amount of time.
With or without an employment contract, workers cannot be fired for reasons that violate California’s discrimination, harassment, and retaliation laws. That’s why it’s a good idea to discuss your case with a Thousand Oaks wrongful termination attorney if you suspect that you were fired under illegal circumstances. You should also consult a lawyer before you sign anything, like a separation agreement in exchange for a severance. The problem is, you are signing away certain rights for that money, like filing a claim for unpaid wages or being let go for a discriminatory reason.
What to Do if You are Wrongfully Terminated
First and foremost, we strongly urge you to speak with an attorney with many years of experience in wrongful termination complaints. That way, you can discuss many details pertaining to your case, which will help your lawyer determine if you are a victim of unfair or unlawful termination. Frankly, there are plenty of cases where the termination is unfair, but it’s not an actual violation of federal and state laws. So, even if you work for an employer who is rude, irrational, impossible to please, etc., those circumstances on their own are not a violation of California’s wrongful termination laws.
When we meet with a prospective client, we ask a lot of questions in order to identity whether your employer’s actions violated one or more statutes. If we are able to identify a specific legal violation, you have the option of filing a wrongful termination claim under the California Labor Code.
Grounds for a wrongful termination complaint include violations of California’s Fair Employment Housing Act, like being fired because of your age, gender, sexual orientation, religion, political beliefs, and other protected characteristics. To learn more about the laws governing wrongful terminations, contact our law firm at your earliest opportunity.
Can I File a Lawsuit against my Employer?
“
Can I sue my employer?”
This is a question that comes up with regularity when we speak with people who contact us for advice and guidance. At the very least, they want to know about the legal actions that are available to them, and this is understandable considering the impact that a wrongful termination has on your life.
As we mentioned before, our immediate concern as labor law attorneys is to identify whether a legal violation occurred, and if this is the reason that you were let go from your job. One advantage you have is California’s progressive stance on worker’s rights, which include strong and comprehensive protections. The laws generally pertain to workplace discrimination and retaliation, or punitive actions against employees for asserting their rights.
For example, you may have received a termination notice after you came back from protected medical leave under the Family and Medical Leave Act. Or, you found out that your work contract wasn’t renewed, and you believe that your employer’s decision is related to your request for reasonable disability accommodations.
Many workers doubt themselves and figure that they are overanalyzing things, but it doesn’t hurt to contact our law firm and verify your suspicions with a member of our legal team. That way, you can be sure of your rights and not be left to contemplate:
- Was I fired for an illegal reason?
- Do I have the right to pursue a lawsuit against my employer?
- What kind of damages can I receive from a wrongful termination lawsuit?
We are happy to address all your questions and concerns during a free, private consultation, so don’t hesitate to give us a call.
If I was Fired, can I Collect Unemployment?
The issue of unemployment benefits is critical for anyone who has lost their job. Luckily, California’s employment laws tend to favor the employee over the employer. Overall, you have the right to file for and receive unemployment benefits, as long you were not terminated due to misconduct within the scope of employment.
In theory, this is beneficial for the worker, but employers can fight back as a continued form of retaliation and argue your right to file for unemployment. We strongly recommend that you talk to an attorney before you file a claim, especially if you believe that you were illegally fired. This way, you know what to say if you need to speak with the unemployment office about the reason that you were terminated.
Remember – most employers know what constitutes an unlawful termination, so the reason that’s given by your employer for why you lost your job may not be the truth. However, the burden of proof is on you when it comes to an unemployment claim, and it’s not always easy to articulate your side of the story to the unemployment board. To ensure that you make a strong and compelling case for why you are entitled to unemployment benefits, feel free to contact us, 24 hours a day, 7 days a week.
Should I Look for Work while My Case is Pending?
We know how dismal your future looks when you are unjustly fired from your job, and you’re worried about how you will make ends meet. Ultimately, you need to take care of yourself and your loved ones, and with that in mind, you should file for unemployment, since being fired is not necessarily grounds to deny you unemployment benefits in California. It’s even more important that you do this if you are pursuing a wrongful termination case, as you want to assert your right to any and all payments you are entitled to.
After filing for employment, make sure to look for work, assuming that you are physically and mentally able to do so. If, for example, you were fired during medical leave, finish taking the time that’s needed to recover your health.
Under California law, you are not obligated to accept any job that comes your way, as it’s reasonable that you need work that’s comparable to your former position, wage rate, benefits, etc. However, most of our clients need and want to work, and they will make the sacrifice of taking anything that puts money in their bank accounts.
This is the wisest course of action if you have a pending wrongful termination lawsuit. Make sure to document your job search and any work you performed with details like the company name, your position, and salary. Keep in mind that we may be able to fight for the financial losses you suffered based on how long it took you to find work that’s comparable to your old job. In the meantime, you are establishing proof of your work ethic, which lends credibility to your claim that you were wrongfully terminated by your employer.
What can I Recover from a Wrongful Termination Claim?
As someone who was wrongfully terminated, it’s important to understand the full range of compensation you are entitled to. The exact payments will vary somewhat from one claimant to another, but there are certain categories that apply in just about every case. Compensation from a wrongful termination lawsuit can include:
- Back pay and front pay
- Value of lost job benefits, such as 401k contributions, healthcare premiums, disability insurance, etc.
- Emotional distress for psychological harm and suffering
- Compensation for damage to your professional reputation
- Cost of legal fees
It’s very rare that a wrongful termination lawsuit ends up in court, because, at the end of the day, it’s in everyone’s best interest to reach a settlement privately. But yes, there are instances where going to trial may be the only option. Based on the actions of your employer, we may seek punitive damages, which is a sum of money that’s awarded by the jury to punish employers for conduct that is particularly malicious or egregious.
Wrongful Termination Attorneys in Thousand Oaks
Those who were wrongfully terminated don’t have to suffer in silence. There are laws in place to protect you, and we can help you pursue a labor law violation complaint or lawsuit against your employer. It all starts with a free case review, which you can receive by contacting us, 24 hours a day, 7 days a week.
We also have a contingence fee policy known as the Zero Fee Guarantee. We promise that you will never out of pocket to hire a wrongful termination attorney. Once your settlement check is released to us by your employer, a percentage of it will go towards the cost of representing you. So, there is nothing for you pay in the event we fail to secure your settlement.
At the end of the day, you have nothing to lose by taking a chance on us and learning about your rights and legal options. Please contact California Labor Law Employment Attorneys Group and talk to a lawyer who can help you sue for wrongful termination in the city of Thousand Oaks.
