Wrongful termination is one of the most impactful occurrences that can happen at jobs. Workers are often in fear of being discriminated against and fired for something over which they had no control. If a boss or manager is prejudiced, you may have no way to counteract the actions while at the job; trying to get support from coworkers can be impossible, namely because they too do not want to be terminated. Every year, thousands of individuals are wrongfully fired. You should take the appropriate legal action if you were terminated for an illegal reason or if you were terminated despite being in a protected class. Our wrongful termination lawyers at the California Labor Law Employment Attorneys Group will gladly help you move forward with your lawsuit and win you the compensation you deserve.
Types of Wrongful Termination
Wrongful termination is something that can affect anyone, no matter what level of worker he is. Employers should always obey the law when it comes to dealing with workers and deciding whether or not to terminate them. Unfortunately, many use bias and prejudice to make decisions and others take action and hope the worker will not notice that it is against the law. Some ways you can be wrongfully terminated include:
- Discrimination: Individuals often face mistreatment and wrongful terminations for being a certain way or having certain qualities. Examples of discrimination include racial, ethnic, sexual, religious, age, and more. You may also be discriminated against if you are pregnant or if you are disabled in some way. Essentially, if you are terminated for possessing specific qualities that have little to do with your job, you could take legal action.
- Retaliation: Workers who file complaints at work or who take legal action against their companies cannot be retaliated against for said actions. Companies will often try to retaliate in small ways, such as by limiting work hours or by giving write ups, but in extreme cases, they will resort to termination. If you were fired as a form of retaliation, you could sue your company for wrongful termination.
- Breach of contract: Not all jobs require you to a sign a contract for your employment, but you may do so in certain positions. You can sign a contract to outline the proper working conditions, wages, conditions to be terminated, and duration of the work. If the employer terminates you despite not meeting the terms of the contract, they can be held accountable.
- Breach of public policy: You have civil duties that you can attend to, and choosing to do so cannot be the reason that you are terminated. You may be required to go to jury duty, and if you are selected, your boss cannot fire you. You also can elect to go to the voting booths to vote for a politician, and your choice cannot be held against you and used as a reason for your termination.
- Violation of leave: Workers are entitled to certain days of leave, such as pregnancy or maternity leave and medical leave. If you are not given the proper amount of time away from work or you are fired for taking the leave, you can take legal action.
Laws Preventing Wrongful Termination
Wrongful termination is an illegal act. There are various laws that prevent individuals from getting tired. At a Federal level, these laws include:
- The Civil Rights Act of 1964, which prevents discrimination and termination based on race, gender, and others
- The Age Discrimination in Employment Act, which protects individuals over the age of 40
- The Americans with Disabilities Act
- The Pregnancy Discrimination Act, which allows women to take maternity leave and not be fired for it
These laws and acts are all very important to know and understand. If you felt that you were wrongfully terminated as a result of discrimination, we can help you take appropriate legal action. Your employer must treat you within the scope of the law, and harassment, discrimination, or anything else is in violation of that.
What You Should Do To File A Wrongful Termination Claim
If you wish to file a wrongful termination claim against your employer, you should take the necessary steps to ensure that it makes it to the specific entity and that there is enough evidence. Your evidence should consist of bona fide proof that you were illegally terminated. Although your employer can lie about his motivations or the reasons you were terminated, you can show a pattern that establishes the discrimination.
For instance, if there is a history of individuals who follow a certain religion getting terminated for wildly different reasons, you could determine that your boss may have a prejudice. It is best if you can acquire videos or recordings of your boss openly stating that he was firing people (or you) because of the traits, but this is extremely rare. In lieu of that, you should use the additional occurrences to back up your point.
Moreover, you should get other individuals to agree with you and support your stance. They can point out other instances of discrimination or when individuals were fired, and if they overheard anything that you did not, they can report it. Too often, unfortunately, these coworkers and witnesses do not provide the evidence they should. They are often wary of getting found out or named, and if they are made publically known, they may be fired or let go.
If you feel any discrimination occurring at the business, you should still go to HR to file a complaint. You may simply be on the board to get wrongfully fired. If you have evidence and a paper trail with HR, it will benefit your claim. HR is present only to protect the company. If they have no way to show that you filed a complaint or assurance that they received it and discussed it with you, it can be held against the company.
It will be in your best interest to hire a lawyer who has handled wrongful termination cases before. If you wish to sue, you will either file a claim through the EEOC, or the Equal Employment Opportunity Commission, or the DFEH, or the Department of Fair Employment and Housing. You may not have any experience in the legal realm, and if you try to proceed, you may not be successful with your case.
Deadline To File A Claim Against Your Employer
The statute of limitations to file a wrongful termination claim is 180 days from the date of the incident if you plan to file through a Federal entity. If there is a state entity present that you choose to file through, the deadline will be lengthened to 300 days. There is the chance that your deadline will be shortened no matter what, such as in cases against the government. Any claim filed against the government will need to be brought in 45 days after the incident or the entire claim will be thrown out. Either way, you must file a claim through the specific department and receive a right to sue letter. At that point, you will have 1 year to take legal action.
The statute of limitations is important because it allows individuals ample time to gather evidence and establish the pattern or sequence of events that lead to the termination. It also lets the defendant pay in a timely manner and lets the plaintiff take action in a time frame that will not result in corrupted evidence or misremembered details.
There is the possibility that your lawsuit can be extended past the initial deadline. This is most common in situations involving defendants that have left the state; the statute would be suspended until the time they return.
One of the biggest reasons that victims of wrongful termination do not get the compensation they deserve is that they miss the deadline to sue. If you contact our law office, we will make sure that your statute of limitations is not in danger of being avoided or missed, and we will ensure that your documents and claim are all filed on time.
Earnings from a Wrongful Termination Lawsuit
It is our responsibility to win you the maximum compensation available for your claim. We will do everything in our power to win you the fairest settlement available under the law. Our lawyers will strive to win the following for you:
- Lost income from the past and future for any wages you could not earn due to the termination
- Pain and suffering damages for PTSD, anxiety, and other psychological trauma you suffered
- Reinstatement into your previous job position
- Punitive damages to cover gross negligence or deliberate discrimination
Let our attorneys handle your claim for you so you can be fairly compensated for your losses.
The Best Firm for You
The California Labor Law Employment Attorneys Group has a team of attorneys with decades of combined experience in employment law. We strive to make the workplace fair and discrimination free for everyone, and if you are mistreated and wrongfully fired, we will do everything in our power to secure you the compensation you need. Our aggressive lawyers will work around the clock to win your case for you.
Call us today for your free legal consultation. You can discuss your case and what happened, and we will look it over and tell you how we can proceed. If you want to hire us, we’ll give you our zero fee guarantee. This says that you won’t spend a dime of your own money on the case. We will get paid if we win and the money will come from the settlement we bring you. If we lose, we do not get paid at all.
For assistance moving forward with your lawsuit, call our Whittier wrongful termination attorneys at the California Labor Law Employment Attorneys Group.