When an employee is wrongfully fired, the employer may be liable for damages. These damages can include back pay, lost wages, benefits, and emotional distress. It is important to understand how wrongful termination works before trying to sue your former employer, as the process can be long and costly.
First, consider whether you have a wrongful termination claim at all. If you do, you should hire an attorney who specializes in employee rights. They will help you determine whether your claim is valid and the best way to proceed.
Gathering evidence
If you believe that you have a case, begin documenting everything immediately. This will help you create a timeline of events, who was involved, and why you think you were terminated. It can be difficult to remember every detail of a situation during times of stress, but it is crucial to do so as soon as possible.
Find out what laws are applicable to your situation
In many states, including California, employees are protected against wrongful termination by a number of different laws. These laws protect employees against discrimination, retaliation, and other types of illegal conduct by employers.
To win a wrongful termination claim, you must prove that the employer’s actions violated a specific law or rule. This can be a difficult task, but it is not impossible to prove.
Start by looking at your employment contract, company handbook, and other documentation that you have from your time with your employer. You should also check with an attorney to see if any other documents could help you build a strong case.
Discrimination – Federal and state laws make it illegal for an employer to fire you based on your race, national origin, age, gender, religion, disability, sexual orientation, or genetic information. It is also illegal for an employer to retaliate against you for reporting discrimination.
Retaliation – If you were fired because you reported harassment or filed a workers’ compensation claim, you might have a wrongful termination lawsuit. It is also against the law for an employer to fire you if you testify in a workers’ compensation lawsuit on behalf of another employee.
Review the job description and company handbook for signs of wrongful conduct.
Take note of any other factors that might be relevant to your case, such as whether other employees were treated better than you were. It can be difficult to prove that you were terminated based on your performance without some sort of evidence, but it is possible to do so with the right evidence.
Get the legal advice you need
If your wrongful termination claim is valid, it is likely that you will be able to pursue it in court. However, it is important to remember that this can be a lengthy and expensive process, so it is best to hire an attorney who specializes in employment law to help you navigate the process.
Generally, the first step in filing a wrongful termination claim is to file a complaint with the appropriate agency. This can be done with a complaint form or a letter to your employer. The exact agency that you will be filing your complaint with depends on the specific law that was violated in your case.
