Updated: Dec 27, 2022
Find the top wrongful termination lawyer in California and learn how they can help you with your wrongful termination lawsuit.
While wrongful termination generally means "illegally firing an employee," different situations can count as grounds to file employment claims. That said, let's look at how our prescreened California employment attorneys handle Wrongful Termination and how they can help you.
To succeed in court, the plaintiff must prove a set of factors for each wrongful termination. In any event, the employee must show a working relationship and that the employer terminated the employee (or that the employee was constructively terminated).
Additional factors will be required in certain types of wrongful termination cases in California:
1. Claims of Discrimination
Employees must show that they are members of a protected class and that their termination was motivated by prejudice.
The employee must demonstrate that their dismissal was due to their refusal to be harassed. If you have proof that you tried to report the harassment was reported but were ignored, then bring that evidence to your Los Angeles Wrongful Termination Lawyer.
3. Claims for Breach of Contract
The employee must show that they and their employer have a contract. In addition, they must show that their dismissal was in violation of the contract's terms. Claims based on violating corporate policies or labor union terms are considered breach of contract claims.
4. Claims of Public Policy Violations
The employee must show that they were fired for one of the following reasons, which are protected under the public policy:
Refusing to disobey the law or break a statute
Fulfilling a legal responsibility
Exercising constitutional rights
Reporting a statutory infraction for the benefit of the public
Any wrongful termination claim based on the Fair Employment and Housing Act's provisions (claims of discrimination, harassment, or retaliation) must begin with a pre-complaint inquiry with the California Department of Fair Employment and Housing.
The inquiry might ask the Department to investigate and address the wrongful termination claim or ask for a right-to-sue notice. The right-to-sue notification prepares the route for a court hearing on the claim.
Our prescreened Wrongful Termination Lawyer in Los Angeles are knowledgeable about the standards and the process. They can assist you in gathering the necessary proof and filing your claim on time.
Do California Wrongful Termination Claims Have A Deadline?
Your wrongful termination claim must be filed within the statute of limitations. The statute of limitations determines how long a plaintiff has to file a claim after being injured. The nature of your claim will determine the length of time you have to file your claim and whether or not you have an employment contract with your employer. The statute of limitations begins to run on the day of termination in all situations:
If your action is based on a breach of an implicit oral contract or a violation of public policy, the statute of limitations is two years
A claim based on state whistleblower protections has a three-year statute of limitations.
An employee has 180 days to register a complaint with the US Department of Labor if their claim is based on whistleblower protection under federal law.
Wrongful termination claims involving a violation of the Fair Employment and Housing Act (FEHA) or the Worker Adjustment and Retraining Notification Act (WARN) must be filed within three years. A complaint filed with the California Department of Fair Employment and Housing should be the first step in any FEHA claim.
Do You Need a California Employment Lawyer to Help With Wrongful Termination?
When facing an employment law claim, the best thing you can do is to consult with a Wrongful Termination Attorney. Because wrongful termination claims can be challenging to prove, you need to hire a California Wrongful Termination Attorney for wrongful termination to guide you through the tricky process.
A Wrongful Termination Lawyer in Los Angeles can assist you in gathering the evidence required to establish the components of a wrongful termination complaint. They'll also be able to assist you in filing the necessary paperwork with the relevant government agency and/or court. Finally, your California Labor Lawyer can help you negotiate and represent you in court.
Find A Top-Rated Wrongful Termination Lawyer in California
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