What Reasons Apply to Wrongful Termination?
In short, reasons that include harassment, discrimination, or retaliation would be considered wrongful termination. However, it might be difficult to understand exactly what each of these means. There are many ways that discriminatory practices can be applied to wrongful termination. Some of these include:
- Disability
- Age
- Ethnicity
- Pregnancy
- Gender
- National origin
- Sexual orientation
- Sex
An employer may not terminate an employee for different kinds of protected leave. The Family and Medical Leave Act, and many other state and federal laws, protect several types of leave for employees. Some of these include:
- Jury duty
- Disability
- Taking care of a sick loved one
- Taking care of a newborn
- Taking care of a serious medical condition
- Military service
- Maternity
- Voting
- Recovering from an accident that resulted in an injury
Retaliatory acts are illegal and are considered wrongful termination. Several California laws protect against this, as well as federal law. Certain actions that an employer may not retaliate against you for include:
- Workers’ compensation claims
- Leave protected by the Family and Medical Leave Act
- Refusal to participate in activities that are illegal
- Refusal to trade sexual favors for a promotion or raise
- Joining a union
- Whistleblowing
Employees are a protected class in California. If you have been terminated for any of the above reasons, you are entitled to fight against it. An attorney skilled in employment law can help you investigate your claim and determine if you’ve got a case.
Is There a Time Limit for When I Can File a Wrongful Termination Claim?
While employees are protected under the law in California, there is a statute of limitations for how long a former employee has to sue. An employee has two years from the date that they were terminated to sue for wrongful termination. This time can pass quickly when cases are complicated and require extensive investigation. This means that you should act quickly before time runs out.
You may not realize right away that you’ve been wrongfully terminated. It can take time to sort through your feelings and get your situation under control. Often, by the time people realize that they’ve been wrongfully terminated, they will not have much time left to organize their case and file their claim. Speaking with an attorney right away can help you determine if you’ve been wrongfully terminated.
What Should I Do If I Think I’ve Been Wrongfully Terminated?
If you think that you’ve been wrongfully terminated, you should take action quickly. You only have two years from the time that you were terminated to sue your former employer. Securing legal representation can help ensure that your claim is resolved in a favorable way. If you have any documentation, make sure that you have it available to present to your lawyer. Your attorney can work to investigate your claim, gathering information to make sure that you both can be prepared.
Why You Should Choose Nosrati Law, A Professional Law Corporation
Knowing your rights is just the first step in successful wrongful termination cases. An experienced lawyer knows how to defend you and protect you from these disastrous circumstances. The right attorney can tirelessly fight for you as they help you gain the maximum compensation available.
At Nosrati Law, A Professional Law Corporation, we have over 20 years of combined experience with employment law. We know that this is an incredibly difficult time for you and that you deserve to be treated with compassion. Our team can help you understand your options and assist you in choosing the right steps to take. We can make sure that your claims are filed with the appropriate authorities.
Our primary obligation has always been to employees, not employers, and we take pride in our knowledge of your rights. Our experience means that we have the skills necessary to handle each client’s unique circumstances with confidence. When you meet with us, you don’t have to feel any obligations. You can walk away knowing that we can work hard to get you a favorable outcome.
Do I Need a Lawyer?
You may think that your claim is a simple matter and that there is a very clear right answer. Unfortunately, the laws that govern employment can be very tricky to understand. While employees are typically protected under the law, some predatory employers may be clever enough to hide their actions. When they do this, you need an attorney who can fight for you.
While some people may successfully proceed without legal aid, obtaining an attorney helps ensure that you can get the maximum benefit and compensation for your wrongful termination case. A private attorney is more experienced and has the time to give you the individualized treatment that your circumstances require, particularly when a situation is incredibly nuanced.
Wrongfully Terminated FAQs
Q: What Qualifies for Wrongful Termination in California?
A: There are several circumstances that would be considered a part of a wrongful termination claim. These include harassment, discrimination, and retaliation. Any circumstance that occurs on account of these categories is unlawful. It can mean that your employer has committed a crime, and you’re entitled to compensation. Discriminatory actions based on traits like national origin, religion, or gender identity, and retaliation for actions like whistleblowing or protected leave, are expressly prohibited under the law.
Q: Can You Sue for Wrongful Termination in California?
A: Under California law, employers may be sued for wrongfully terminating employees who are expressing the legal rights that are afforded to them. These expressions can be based on duty, rights, or even legal obligations. Former employees are only entitled to a certain amount of time to file a wrongful termination claim, which is up to two years from the date that they were terminated. This is a fairly limited amount of time, so you should take action quickly if you feel that you’ve been a victim of wrongful termination.
Q: How Successful Are Wrongful Termination Cases?
A: It can be difficult to obtain a successful outcome for a wrongful termination case. It requires a lot of investigation and research into each unique case. In many cases, former employers will choose to settle out of court, allowing the employee to receive compensation and the employer to maintain some privacy. However, when cases go to court, things get much more difficult and complicated. Winning a wrongful termination suit can take a long time and become incredibly challenging.
Q: How Do I Prove Wrongful Termination in California?
A: To prove that you have been wrongfully terminated, you must show that your employer committed an illegal act by firing you. Unlawful reasons for termination typically fall under three categories: harassment, discrimination, or retaliation. This means that evidence will need to be acquired to prove that any wrongdoing has taken place. This can take time to investigate and will likely require a lot of sorting through paperwork.
Contact Your Employment Attorney Today
If you feel that you’ve been wrongfully terminated from your job, don’t hesitate to take action. The sooner you act, the quicker your attorney can begin investigating your case and gathering as much information as possible for your claim. More information can help you gain a favorable outcome. With only two years to file a claim, it can be easy to run out of time.
At Nosrati Law, A Professional Law Corporation, we know how much stress losing your job can be. We understand the strain it puts you and your family under, and that’s why our goal is to work tirelessly for our clients. Whether through a court case or settlement, we can fight to make sure you get what you deserve.
Schedule your consultation today, and we can help you decide whether you should take the next step. Contact us today.
