Whatever perspective you take, losing your job can be a traumatic and stressful experience. However, it is terrible if you lose your job due to illegal activity, harassment, unfair treatment, or termination as payback for something you did.
An unlawful termination occurs when your employer fires you in a manner that violates the law. You might be eligible to receive compensation if you get fired from your job in California without cause. You have legal rights under the labor laws of California and the rest of the nation.
Suppose you find yourself in a precarious situation; you should contact a knowledgeable Encino wrongful termination lawyer. Fraigan Law Group will fight for your rights and assist you in obtaining just compensation for your significant losses. Call 818-981-1800 for a free consultation with an Encino employment law attorney!
About Wrongful Termination Laws in California
The first consideration is whether the dismissal was legal if you were let go from your job or fired. Most jobs in California are “at will,” meaning that an employee can be fired at any time for any reason or no reason, as long as the basis is legal. The “work at will” principle does have some significant exceptions, though.
If you have a written job contract with your California employer that spells out your job’s terms and the contract’s length, you are not an “at-will” worker. For instance, you might have a job contract that says how long you will work there. You might also have written confirmation of your employment through a job offer letter or another document. You might be able to use these contracts in court if you have them.
Another exception to the “at-will” principle is an implied contract. This is a deal that your California employer made by what they said and did. But this kind of contract may be hard to enforce because it’s hard to prove that it was broken wrongly. If there were an implied contract, California courts would consider several factors.
The length of time you’ve worked, how frequently you’ve been promoted, how well you’ve performed at work, whether your boss informed you that they were firing or laying you off, and whether you were promised a long-term or permanent job when you were hired are some of these considerations.
Examples of Wrongful Termination
When you get fired in California, your employer might be breaking the law by failing to honor a promise or doing something wrong. Several examples of wrongful termination in California include:
- Misleading employees about their chances of receiving a promotion or a pay increase.
- Getting rid of older employees so that younger employees can take their places and work for less money.
- Inducing workers to resign without providing them with the severance pay or other benefits to which they are legally entitled
- Providing false information to employees about the negative aspects of a job or assignment to persuade them to leave it.
- Firing or demoting a whistleblower against employment-related issues such as age discrimination, gender discrimination, wrongful termination, employer retaliation, and sexual harassment.
- Reprimanding employees to prevent them from receiving benefits, bonuses, commissions, or other payments they are due.
- Firing workers in a mass lay-off without giving them a 60-day notice as required by California’s WARN Act.
What to Do After a Wrongful Termination
You ought to act quickly to protect your rights if you believe you were fired from your job in California without cause. The following details are crucial to keep in mind:
Time Is Important
Remember that you have seven days to change your mind after considering any severance packages your employer may have provided, and you have 21 days from the day you were fired. You have 45 days from the discrimination date to speak with an Equal Employment Opportunity Commission counselor if you believe you were fired as a result of discrimination.
There are 180 calendar days in which you may submit a charge or complaint to the EEOC. Our employment attorney will be eager to discuss the various deadlines for bringing wrongful termination lawsuits.
Record Everything in Writing
You need evidence if you want to argue that your dismissal was unjustified. There are numerous ways to monitor these specifics. For instance, you could record sexual harassment or unfair treatment in a journal. Recording the date, time, location, and names of other people who were present when the events occurred is crucial.
Hire a Wrongful Termination Lawyer
Due to their complexity, wrongful termination cases can be challenging and will always require the assistance of an attorney. Consider speaking to our skilled Encino wrongful termination lawyer in California to assist you in analyzing the situation and advise you on suitable legal options.
At Fraigun Law Group, our team is familiar with regional and state laws prohibiting workplace discrimination. Contact us now for a free consultation.
Avoid Using Social Media
Never discuss being fired, laid off, or subjected to unfair treatment on social media. Your online privacy is not very safe, no matter how many security measures you may believe to be in place. An Encino wrongful termination lawyer will advise you to delete your social media accounts before resolving the case to refrain from posting anything online.
We are aware that your employer’s attorneys are perusing your social media accounts for posts that could support their contention. Even seemingly innocent posts, images, or videos can be used against you in the future. Your online postings could be used against you in court.
Filing a Wrongful Termination Complaint: How the Process Works
When, where, and how to file your claim will be explained to you by our Encino wrongful termination lawyer. It will be significantly influenced by how and why you were fired. For instance, if your employer violated the terms of your employment contract, you would likely file a lawsuit in a state or federal civil court.
You can contact the Equal Employment Opportunity Commission (EEOC) or with the appropriate authority if you are unfairly fired due to discrimination. The EEOC will then investigate your case after that. You can pursue further action against the employer if the agency accepts your claim.
Our employment attorney at Fraigun Law Group can sometimes use the Equal Employment Opportunity Commission’s self-assessment tool to determine whether filing with the organization is appropriate in your particular circumstance. An Encino wrongful termination lawyer will help you prepare and deliver a complaint to your former employer. The lawyer will also serve the court clerk with the same notification.
There is a procedure called “discovery” before a case goes to trial, in which each side provides the other with all pertinent documents and information. Questions and answers or relevant documents used as evidence at the trial can be used as discovery. Deposits play a significant role in learning more about something. Each side is now permitted to cross-examine the other and any witnesses.
Those put on the stand in this way swear to tell the truth. A court reporter documents depositions, and both sides get transcripts of these depositions during the trial. Most cases of unfair termination are settled without going to court. A judge may be consulted in some cases. Before you accept a settlement offer or any other kind of deal, consult with your wrongful termination attorney.
Compensation for Wrongful Termination in California
In civil lawsuits involving wrongful termination, you ask the court to order your employer to pay you money to compensate for the benefits you lost when you lost your job. The amount you receive in a wrongful termination case will depend on the following damages:
The wages you would have received if your employer hadn’t fired you and any overtime pay or other compensation you earned but didn’t receive may be recoverable. If you find a new job that pays the same or more after being fired, this amount will almost certainly decrease. You will still be entitled to lost pay damages, calculated as the difference between your old and new salaries, even if you are hired at a lower salary.
The benefits you lost due to your employment termination will be reimbursed. Medical and dental insurance, pensions, retirement benefits like stock options, and other things are a few of these benefits.
If you were fired unfairly, you could also file a lawsuit for emotional distress, primarily if the employer acted up and the employee experienced emotional harm that a mental health professional can attest to. For example, suppose you were diagnosed by your psychiatrist with depression or anxiety after losing your job. In that case, it is likely to get compensation for such damages.
On top of compensatory damages, you can also get paid for the punitive damages. Only in the worst-case scenarios are these damages awarded. They are intended to hold the offender accountable and discourage them from repeating the offense.
In some instances of wrongful termination, you might also be able to recover your legal fees as well as additional court costs.
Turn to a Skilled & Experienced Encino Wrongful Termination Lawyer!
Do not tolerate an employer firing you due to unlawful reasons in California. Consider filing a claim against the employer and get compensated. A skilled Encino wrongful termination attorney at The Fraigun Law Group can help you protect your legal rights and obtain the maximum compensation for your losses if you were fired unlawfully or if your boss mistreated or harassed you.
Contact us now at 818-981-1800 for a free consultation.