Workers should always be wary of employers who take actions that seem discriminatory or unfair. The employers may have a history of mistreatment and prejudice. It can culminate in an illegal termination. If you have been wrongfully fired from your job, you should gather evidence and come to the California Labor Law Employment Attorneys group for assistance. We have a team of wrongful termination attorneys in Victorville with years of experience handling such areas of the law, and we will do everything in our power to win your claim for you. Certain workers are protected and the company cannot legally terminate protected classes of individuals if they have no other reason. Unfortunately, bias is common, and these managers and bosses are skilled at hiding their true intentions. For this reason, it is imperative that you reach out to an experienced wrongful termination lawyer for assistance.
What Laws Prevent Wrongful Termination?
There are numerous laws in place that are meant to prevent employers from firing workers for illegal reasons. These are both State and Federal Acts that protect classes of people or actions that you can take. Some examples of these laws include:
State laws in California also dictate that certain classes of people cannot be targeted, in addition to federally protected classes. California, for example, protects individuals who are victims of sexual assault or domestic violence, and you cannot be fired for having suffered stalking or a domestic dispute. You can also not be fired purely for having the HIV/AIDS virus. If an employer wants to terminate you, he must do so within the scope of the job or for another purpose. If you feel that you were specifically targeted, you could sue for compensation.
What Are Common Types Of Wrongful Termination?
The list of ways you can be wrongfully terminated is extensive. We have seen many individuals get fired for a host of illegal reasons, but we have included a few of the most common below. They are:
Workers who were wrongfully fired should pursue appropriate legal action. It can be very difficult to prove that you were fired for an illegal reason, especially if you believe it was due to discrimination. Our team of attorneys will be able to win you the damages you deserve.
How Can I File A Lawsuit For Wrongful Termination?
Workers who believed they were wrongfully terminated should take appropriate action to pursue rightful compensation, but in order to do so, you must have ample evidence. The very first step you should take is to examine the situation and determine how apparent it was that you were fired for an illegal reason.
The evidence to sport you may be hard to gather. The most applicable evidence would be statements or recordings of your boss claiming that he fired you because of a racial preference or a religious preference, or something similar. However, this is exceptionally rare, and many employers will hide their true intentions behind others. They may lie on performance reviews, for example, to mask their bias.
If you can, you should get statements and testimonies from other coworkers, or from those who were also terminated at your job. It will come in handy if a number of people suffered the same fate as you, as it will illustrate a pattern of behavior.
In some cases, you may have been actively discriminated against before the termination happened. You should have a history with HR, which may include emails and messages. You can make copies of these exchanges to bolster your claim.
If the termination were due to your absence for a protected reason, or if the violation was over a contract, you should have the necessary relevant evidence, like the contract itself, the slip from the judge explaining jury duty, and more.
Once you have all of this evidence together, you can contact an attorney. One of our lawyers will file your claim for you so that you are given the fairest settlement possible. You may not know how to proceed; it is not common for our clients to have legal experience or to know the ins and outs of the law, and we make sure to do everything in our power to keep the case simple for them while fighting for their rights. We will submit the claim to the appropriate agency, whether the EEOC or the DFEH, and move forward from there.
What is the Compensation from a Wrongful Termination Lawsuit?
If you have been terminated from your job because your employer discriminated against you, you could receive compensation for your losses. First and foremost, you can have the wages you lost out on and would have earned reimbursed. This means that your bonuses, salary, benefits, tips, and more can all be paid up.
Additionally, you may have suffered some kind of emotional trauma from the termination or discrimination. Pain and suffering damages can be added to your case to give further value. In a similar vein, punitive damages can be pursued against employers that acted with gross negligence or deliberately discriminated against you in a hateful manner. These damages are meant to punish the defendant, but they are seldom awarded due to being viewed as unnecessary or harsh.
Additionally, it is possible that you could be reinstated into your previous position. Some individuals avoid this option, though, as they may be vulnerable to discrimination or further mistreatment, especially if there is no change in management or personnel.
You should not be expected to suffer through a wrongful termination with no compensation.
What is the Time Limit For Wrongful Termination Lawsuits?
There is a specific time limit during which you can file a claim for wrongful termination. The statute of limitations dictates that you have 180 days to sue if you choose to go through the EEOC, or 300 days if you chose to go through the state-run DFEH. The respective organization will issue you a right to sue letter if it deems the employer is deserving, and you will have 1 year from the date of the letter to take additional action.
In some cases, the statute of limitations can be changed. For individuals whose defendants leave the state, the statute would be suspended until he returns. For individuals who are trying to sue government entities, the statute would decrease to 45 days from the date of the incident.
These dates and time limits are extremely important to know. Many claims are lost forever because victims do not know when to sue. Talk with our lawyers today and we will make certain that your wrongful termination lawsuit is filed within the appropriate statute of limitations.
Our Firm and You
The California Labor Law Employment Attorneys group is well known for its team of expert wrongful termination attorneys in Victorville. We know the most successful ways to win your case and our firm has a history of winning lawsuits against companies. We have recovered millions of dollars for our clients, and we will work around the clock to bring you every penny you need. Our aggressive lawyer will gladly talk with you about your case and keep you update throughout the legal process.
Call us for a free legal consultation in which all of your private information will be protected and your case details will be discussed. We will walk you through every aspect of the case from start to finish, and if you want to hire us, we will give you our zero fee guarantee. This states that you won’t have to pay a dime out of your own pocket for our services. We will not get paid unless and until we win, and the money will come from the settlement we win from the insurance agency of the employer. If we lose, we do not request payment from anyone.
Contact the California Labor Law Employment Attorneys Group if you wish to file a wrongful termination lawsuit against your employer in Victorville.