Updated: Nov 25, 2022
When Can You File A Wrongful Termination Claim In California
Wrongful termination can happen in many ways. That said, just saying "firing for illegal reasons" isn't always clear. So, let's talk about what counts as illegal reasons for firing someone, which would all count as a case of Wrongful Termination in California.
What's Considered As California Employment Law's Wrongful Termination?
Let's define "wrongful termination" because California has detailed employment regulations. After all, people might be fired for various reasons, some of which are justified. That's why it's crucial to understand when you have sufficient grounds to bring a lawsuit against your boss.
You may have been unlawfully terminated if any of the following apply to you:
The real reason you were fired was due to discrimination, retaliation, or some other criminal act.
Even if you weren't fired, you could have been forced to leave due to hostile working environments.
You may have been wrongfully terminated if you are fired or forced to resign within six months of the following occurrences.
Sexual harassment, discrimination, and retaliation have all been reported to you.
You were fired after returning from medical leave or asking for permission to go on one.
You are fired after you return from maternity leave or you've requested one.
You were fired after you asked for a job accommodation because of an injury,
You were fired after you filed a discrimination complaint with Human Resources.
You were fired after you filed a complaint concerning unpaid overtime, missed meals, or rest periods.
You were fired after you refused to perform anything illegal.
Although California law protects employees from wrongful termination, employees are frequently exploited due to a lack of understanding of the law's complexities. Furthermore, some fired employees may be confused if their dismissal was "wrongful." As a result, wrongful dismissal can happen in several situations and for various reasons.
If you suspect you were fired illegally, you should call one of our prescreened Los Angeles wrongful termination Lawyers right once.
How Do I File A Wrongful Termination Claim?
To appropriately safeguard their rights in some wrongful termination cases, claimants must follow a specific procedure. Employees are protected by both federal and state legislation. Your California Wrongful Termination Attorney can help you file a claim properly and ensure that the process goes as smoothly as possible.
The Equal Employment Opportunity Commission (EEOC) is a federal administrative agency responsible for investigating workplace discrimination claims and, if necessary, wrongful termination due to discrimination.
The EEOC's state counterpart is the California Department of Fair Employment and Housing (DFEH). It also investigates discrimination allegations in California businesses.
Before launching a lawsuit based on a violation of specified anti-discrimination and related statutes, the claimant must exhaust administrative remedies with the EEOC and DFEH.
The EEOC and the DFEH can be contacted in the instance of wrongful termination. However, you must first get a "Right to Sue" notice before launching a lawsuit in state court. A prescreened Wrongful Termination Lawyer in Los Angeles can help you go through your options and provide extra insight into the nuances of state and federal proceedings.
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