If you have been mistreated at work, you should take steps to correct the trouble. In some cases, your employer could fire you; this can be a surprise to many people, and it can be made worse by not knowing that they have certain protections from being terminated. A wrongful termination attorney can ensure that you receive the compensation you deserve if you were unlawfully fired at your workplace. The key component of such cases is the awareness of the wrongful firing and taking the steps necessary to start a claim, as many individuals simply miss their opportunities thanks to procrastination or a lack of knowledge. Our law firm, the California Labor Law Employment Attorneys Group, has handled numerous lawsuits against employers and represented hundreds of clients throughout the years. We know the best tactics to winning your claim and will always put our clients first. Our Costa Mesa wrongful termination attorneys will stand by you throughout the case and do our best to win your lawsuit.
What Laws Protect Me From Wrongful Termination?
Employment in California is generally at-will, meaning that employers can terminate employees at any time, even if the reason is nothing at all. The reason must not be unlawful, however. By the same token, you can leave your place of employment at any time. As long as there are no contracts that bind you to the job, employment can be ceased by either party.
You are protected from being fired for certain reasons, though. For example, the Civil Rights Act of 1964 prevents you from being terminated thanks to religion, sex, color, ethnicity, and more. Additionally, the Age Discrimination Act of 1967 prevents those over the age of 40 from being terminated because they are not as young as others are. Further, the Americans with Disabilities Act of 1990 was set up to ensure that handicapped individuals or those who required accommodations were not fired for their hardships.
If you are curious if there are other protections available to you, you can contact our law firm for more assistance.
How Can I Be Wrongfully Terminated?
Employers who willingly and unlawfully terminate their employees must usually come up with reasons to mask the truth. They may say that there was a history of bad job performance or that they are downsizing and that your position is redundant. They may say that they cannot afford to pay you anymore and have decided to nix your department. No matter what, you should always do some extra probing to find out if that reason is true or not.
Some of the reasons for wrongful termination include:
- Violation of public policy, which could include going to vote or going to jury duty
- Retaliation, which may happen if your employer targets you because you filed a complaint, spoke out against the way you were treated, or similar
- Whistle blowing, which is alerting authorities or outlets to certain activities at the company that could be compromising
- Breach of contract, or breaking an agreement that said you could work for a certain amount of time or that you could not be fired for certain reasons
If you believe that you were fired for unlawful reasons, contact our Costa Mesa wrongful termination lawyers for more assistance.
How Can I File A Wrongful Termination Lawsuit?
If you wish to file a wrongful termination claim, you will need to file a claim with the Equal Employment Opportunity Commission (EEOC) or with the Department of Fair Employment and Housing (DFEH). They will investigate and attempt to resolve the issue, and they can give you the right to sue letter needed to take legal action.
In order to have a successful claim, you should make sure that you have more than enough evidence prepared to back up your points. This means that you should have statements from coworkers and witnesses who can testify that you were wrongfully terminated or mistreated, for one; they can point to other instances where termination did not happen or they can provide similar examples that establish a pattern of behavior with your employer.
You should also have evidence that you tried to resolve the issue yourself, whether by approaching and speaking with your employer or by going to your Human Resources department to file a complaint. However, you should be aware that HR primarily acts in the interests of the company, and will likely do all it can to avoid a lawsuit. You should always request emails and copies of conversations where you can to fully establish that you tried to have action taken and none came.
If you have any contract that states that you couldn’t be fired for a certain amount of time or that you are entitled to certain perks, you should produce that contract to be considered as evidence.
If you were fired as a result of following through with public policy or rights, you should have some form of proof that you did participate.
You can present all of this evidence, or as much evidence as you have, to one of our Costa Mesa wrongful termination lawyers. We will quickly get your claim started for you.
How Much Time Do I Have To File A Wrongful Termination Lawsuit?
The statute of limitations on wrongful termination claims varies greatly. If you file a complaint with the EEOC or the FEHA, they will conduct an investigation and explore your claim. If they deem it appropriate, they will then issue you a right to sue letter. You have one year to file the claim with the agency, and then one year after the right to sue letter is issued. However, there are certain claims that can change the statute.
In some cases, you may only have 90 days to sue, or 300. If you are suing a government entity, the time is reduced to a few weeks. A lawsuit for violation of public policy, though, can be filed 2 years after the incident and does not need to go through a separate organization. Similarly, defamation, fraud, and labor code lawsuits have varying statutes of limitations as well.
Your best bet is to immediately contact one of our Costa Mesa wrongful termination attorneys to accurately determine how much time you have to file your claim. If you wait too long, you will be barred from receiving any compensation and you will not have the ability to get what you deserve.
What Can I Receive From A Wrongful Firing Claim?
With the help of our attorneys, you can receive compensation for your lawsuit. You should not be expected to walk away from a wrongful termination without being recouped for your losses. We will make sure you get the maximum restitution available, including:
- Coverage of lost wages from the past and future
- Pain and suffering from the emotional trauma you suffered as a result of the entire ordeal
- Punitive damages, if available
We can also see to it that you are offered reinstatement into your old position. However, many individuals choose to pursue other endeavors, as there is too much of a possibility that further hostility will occur at the workplace if they return after being ousted.
Why Choose Us
The California Labor Law Employment Attorneys Group has a history of winning lawsuits for our clients. We have decades of combined experience dealing with businesses and employers who do not treat their employees with proper respect and who take to illegal means to get what they want. We commit ourselves to all of our clients, and our work ethic shows through with our results. We will relentlessly and aggressively pursue your fair settlement and will seek to change the workplace where we can. For us, correcting wrongful termination is more than simply winning a settlement or a lawsuit for a client – it is about bringing effective changes and positive alterations to businesses so that all employees and future workers will be protected.
Call our law firm today to set up a free legal consultation with an expert wrongful termination attorney. If you have any questions in particular, we will gladly answer them. You can talk about your case with us and we will tell you what we believe its value is and how much we can win for you. All of our consultations are totally confidential – you do not have to worry about your private details or case information being shared elsewhere.
If you wish to sign up with our firm, we will also give you our zero fee guarantee. This is a promise that you will not have to spend a dime out of our own pockets to pay for anything regarding your case. We will take care of all the legal expenses ourselves and we won’t get paid unless and until we win your case. The money will come from the settlement we bring you. If we lose, you do not owe us anything.