Receiving news about a job termination can be devastating. Finding a new job after termination is a nightmare for most workers. One may also have to deal with massive bills and other financial obligations, making it difficult to focus on what’s next. Sometimes, job termination can go against the set employment laws. If you face discrimination, harassment, or retaliation in the workplace, your employer may be liable under federal and state laws.
A Sherman Oaks wrongful termination lawyer can help you obtain the justice you deserve after a wrongful termination. After being unlawfully fired from your job, you are eligible for compensation. Federal laws protect workers from mistreatment.
Many workers do not understand their rights and lose their hard-earned money to rogue employers. With the help of a professional Sherman Oaks employment law attorney, you can obtain justice and recover your losses after a successful wrongful termination claim. At Fraigun Law Group, our reputable wrongful termination lawyer is ready to answer any questions you may have about your claim.
California Wrongful Termination Laws
It is essential to evaluate whether you did anything wrong that would warrant termination. If you have not broken any rules set by the contract, you can contest the termination. Under California state employment law, all employment is at will. This means that an employer can fire an employee at any time, with or without a reason. Yet, there are some exceptions to this at-will agreement.
In contractual cases, your employer may set the duration of the contract. Such instances are not at-will employment terms. Also, some contract letters offer continuous employment. Workers can contest their termination if they have such an agreement.
An employer may say or do things that imply that you are a permanent employee. Through proof of their actions or words, workers can contest a wrongful termination. These cases are hard to prove in court and require the help of an experienced Sherman Oaks wrongful termination lawyer.
Courts use other factors to determine an implied contract case. They may consider the time you have worked at the company, good performance reviews, assured positions at work, and whether there was an implied or contractual agreement of permanent employment when determining your case.
Unfair Work Practices
Employers are liable if they breach contracts or act in bad faith. Here are some examples of wrongful termination:
- Terminating an older worker to replace them with a younger person at a lower wage.
- Giving negative information about a job or assignment to prevent someone from accepting a job.
- Transferring some employees to places they would be uncomfortable so that they quit.
- Terminating someone to prevent them from claiming their commission or other wages.
Employers That Violate Public Policy
Public policy is an essential factor when firing an employee. It is against public policy to fire workers for participating in their civil responsibilities like voting, serving on a jury, or serving in the military. Additionally, an employer cannot terminate an employee after sustaining an injury in the workplace and claiming workers’ compensation benefits.
Whistleblowers also get to keep their jobs. The law protects them if they decide to alert the authorities about illegal activities. For instance, you can report your workplace to the Occupational Safety and Health Authority (OSHA) for a poor working environment.
Discrimination and Retaliation
Discrimination occurs when an employer singles out some workers based on their race, ethnicity, gender, religion, political affiliations, age, disability, or pregnancy. Workers who may feel discriminated against should seek justice through proper legal channels.
Employers that retaliate against workers for acting within the law can also face the law. An employer is liable if they terminate a worker as an act of retaliation. Such a worker must provide proof that their termination was an act of retaliation. They should also show that they were performing duties protected under federal law.
A wrongful termination lawyer near Sherman Oaks can guide you on how to file a complaint against such practices. You can file a complaint through the Human Resources Department, or the Equal Employment Opportunity Commission (EEOC). Common retaliation practices include demotion, loss of wages, and negative work reviews.
Some employers may seek revenge through defamation. At Fraigun Law Group, our legal team will go above and beyond to protect your reputation. If someone gives a false review, it can affect your chances of getting a new job after termination. They can also give bad references when contacted by potential employers.
If anyone decides to soil your reputation at work, you can sue them. Proving that their reviews and references are wrong can help with your employment litigation case.
Types of Compensation to Expect
Compensation for wrongful termination can be in several forms. Workers may secure the following damages after a successful claim:
- Lost wages: You can recover lost wages after a wrongful termination. An employer must reimburse all the money you would have made if you did not lose your job.
- Lost benefits: You can claim benefits after losing your job unlawfully. Your employer may owe you money for health benefits, 401K contributions, and other benefits from the job.
- Pain and suffering: Workers can get pain and suffering compensation if they get mental health and emotional distress after termination. If you have been seeing a psychiatrist due to mental health struggles, you can sue your former employer for pain and suffering.
- Punitive damages: Sometimes courts award damages to victims if the discrimination was egregious. A judge can penalize the employer for their excessive acts.
- Court fees: The court can award you monetary reimbursement for costs you incur, like lawyer fees.
What to Do After a Wrongful Termination
You can seek legal help if you think you are a victim of wrongful termination. Here are four steps to follow:
Time is sensitive when it comes to filing claims. The law allows time for employees and employers to resolve termination cases. An employee has 21 days to accept the severances. They can also decline the offer and file a claim within 180 days. You can get help from an EEOC counselor 45 days after termination.
Hire a Lawyer
The services of an expert wrongful termination lawyer are of great benefit when seeking justice. They will guide you on how to file your case in court and advise you about your legal options. A lawyer ensures good representation and helps you navigate legal problems. An experienced Sherman Oaks wrongful termination lawyer knows your rights and responsibilities as an employee under California law.
Keep vital documents of proof to help with your case. A worker seeking justice must present documented evidence. You can write down things that show discrimination and present them as proof. Also, provide details such as the date and the exact time such incidents occurred.
Avoid Social Media
Do not share any information about your work or termination on your social media. A skilled wrongful termination lawyer will advise you to suspend social media activity until you resolve the case. Oversharing can affect the outcome of your case. Your employer’s attorneys may be looking for any incriminating evidence through such channels.
The Claims Process
Consult an expert wrongful termination lawyer in Sherman Oaks to help you with the claims process. They will direct you on what to do and where to fail your wrongful termination claim. This all depends on the grounds of termination. Workers can file their cases in federal or state civil courts.
The EEOC and state agencies handle cases of discrimination.
Present Your Case to the EEOC
You must file a claim with the EEOC. They will then look into your allegations to verify whether you have a case that can proceed to trial. An attorney can help you file your complaint with the EEOC or any other relevant agency. Once this is done, your employer will receive formal notice.
File Paperwork to Start the Litigation Process
Discovery is the first part of the litigation process. This is where both parties have a forum to ask questions. They share and exchange information about the case. Additionally, they can exchange documents.
Depositions are also a vital part of the process. The two parties can call witnesses to the stand. Notably, a court clerk takes recordings of the depositions. Witnesses are under oath and must tell the truth throughout the court proceedings.
After the proceedings, there will be a settlement as agreed by the teams. Most teams settle out of court. Work with a wrongful termination attorney to help you secure a fair settlement.
Get Help From a Sherman Oaks Wrongful Termination Lawyer
Losing a job out of the blue is scary. However, hiring an experienced wrongful termination lawyer near Sherman Oaks can give you relief. Whether it’s a defamation or discrimination case, a skilled attorney understands the correct procedures to get help. A seasoned lawyer can help you recover lost income, clear your name and professional reputation, and recoup your benefits after an employment litigation claim.
At Fraigun Law Group, our wrongful termination lawyer knows the ins and outs of California labor and employment laws. We have the experience and expertise to assist you in getting justice. Our legal team will walk you through the entire process to ensure you get the compensation you deserve.