Glendale Wrongful Termination Lawyer
There are only certain circumstances where you can file a wrongful termination lawsuit. This applies when you are terminated from your employment for an illegal reason. You will then be able to sue your former employer, and they will then likely be required to pay you compensation for any damages resulting from the unlawful termination. You should not do this on your own. You have legal protections and rights associated with your employment in California. What is wrongful termination? Our Glendale wrongful termination lawyer explains in detail.
What are wrongful termination examples?
A wrongful termination claim can be complex since California is an at-will employment state. Either you or your employer can terminate employment at any given time. However, if you are under contract, things will change drastically. Typically a contract will outline the reasons why you can be terminated. There will often be a clause that says the employee can be terminated for a good cause. If this is the case, you may be able to file a wrongful termination claim if the reason for your termination does not constitute a good cause. Under labor laws, this can be grounds for a claim under breach of contract.
If you do not have a contract, you still have rights under California labor laws. The court may determine that you have an oral labor agreement with your employer without a written agreement. Another potential agreement would be an implied contract. If there is an implied contract, there will likely be a written policy that states the terms for firing employees.
Another example of wrongful termination that is often seen in employment law is an employee being terminated in retaliation for complaints of sexual harassment. In any workplace, sexual harassment is illegal and can be considered discrimination. Employers should ensure that a workplace is free of sexual harassment, and they should not retaliate when an employee reports this unlawful act.
Another wrongful termination example is retaliation on taking family or medical leave. You are allowed twelve weeks of FMLA leave to care for yourself or another family member’s medical condition. If you are terminated during this time, you will need to immediately contact a wrongful termination lawyer.
Other wrongful termination examples include:
- Whistleblower retaliation
- Retaliation for reporting unfair labor practices like wage and hour law violations
- Pregnancy discrimination
- Other forms of discrimination
Several employee rights are outlined by California law. One of those is the right not to be discriminated against for certain protected characteristics. This includes:
- Color,
- National origin,
- Ancestry,
- Sex,
- Religion,
- Age,
- Disability,
- Marital status,
- Sexual orientation,
- Gender identity,
- AIDS/HIV positive status,
- Medical condition,
- Political activities or affiliations,
- Military or veteran status,
- Citizenship status.
- Race
- Pregnancy
You will need to discuss your case with a wrongful termination attorney from Berberian Ain LLP if you have been discriminated against for the characteristics mentioned above.
What qualifies as wrongful termination?
There are many examples and possibilities for wrongful termination in California. The most common situations that qualify as wrongful termination include:
- Whistleblower protection
- Wrongful termination under the Fair Employment and Housing Act
- Political activities
- Taking leave
- WARN Act
- Wage and hour complaints
- Wrongful constructive termination
- At-will employment exceptions
Several of these we have already discussed. However, if you fear that you have been wrongfully terminated, you should contact an attorney immediately.
How to file a complaint against an employer for wrongful termination
There are several ways that you can file a wrongful termination complaint. The first is to contact an attorney who can help guide you through your legal options. You may be able to file a complaint with the labor commission or California labor board. If those do not garner favorable results, you will need to file a lawsuit.
You can hold an employer responsible for their illegal actions by filing an administrative complaint with California DFEH. This option requires you to submit an intake form within a year of your termination. An investigator will then reach out to you and decide whether there is enough information to move forward with your claim. You will then be required to sign a complaint form sent to your former employer.
The employer will then send a response which you will review with your investigator. Mediation can then be set between you and your former employer. If the dispute is not resolved in mediation, a lawsuit may need to be filed.
How do you prove wrongful termination?
Immediately after being terminated from a job, you will need to contact an attorney and gather as much evidence as possible. Evidence will be crucial to proving your case and getting you the justice you deserve. You will need to collect any documentation regarding your employment and your termination. You will need your past performance reviews and your termination letter.
If you do not have these documents, you will need to request them from your employer. If they ignore your request, your lawyer can request these documents on your behalf with more luck. Additional evidence will be required to prove your employment discrimination and wrongful termination. This will include any recorded emails or conversations other managers and employees may have had regarding your employment and any potential prejudice against you.
If there were any witnesses to the discrimination, such as a coworker who overheard your boss making disparaging comments, this would also be evidence. One final piece of evidence would be company employment data. This would be any evidence that shows a history of prejudice, like hiring practices that favor white employees over people of color. Essentially the following needs to be proven for a successful claim:
- There was an employment contract
- The employer terminated you
- The termination was unlawful
Once these elements are proven, you will be able to come to an agreement or settlement with your former employer. The employee workplace should be free from harassment and hostility. You have rights, and they should be protected.
How long does a wrongful termination case take?
These cases are complex as under California law; there are different statutes for the type of wrongful termination claim you are filing. For example, breach of contract or implied oral contract cases will have a two-year statute of limitation, while a whistleblower case will only have 180 days. The deadline to file will begin from the date of your termination.
If you file a claim with the EEOC, you will only have 180 days to file. Upon filing, you will receive a notice that you have the right to sue, and your 90-day clock will begin to tick.
In general, wrongful termination cases can take months or years to be settled. A pre-litigation settlement will take less time than going to trial. This is due to the complex legal topics that are involved as well as individual factors. There is no cut-and-dry answer for how long a case will take, as each claim is unique.
Can I obtain compensation for wrongful termination?
The answer, in short, is yes. Once a case has been proven, there are several damages you may be entitled to receive. This would include the following:
- Back pay and wages
- Lost wages and benefits
- Attorney fees
- Pain and suffering
- Emotional distress
- Punitive damages
- Job reinstatement
- Front pay
Determining what you are eligible for can be an arduous process and requires the expertise of a wrongful termination California attorney. You may not be entitled to all forms of compensation, so your Glendale wrongful termination attorney will need to discuss the specifics of your case with you. Review our results to see for yourself our track record of success.