Wrongful termination laws exist at both the state and federal level, in order to protect employees from being unjustly fired. California is what is known as an at-will employment state. The concept being that employers may terminate employment and employees may quit their positions for virtually any reason at any time. Nonetheless, employees do have options for legal recourse in the event of a wrongful termination.
Employers are not required to give advance warning or a reason for ending your employment. They also do not have to provide you with an opportunity to defend yourself to correct any issues related to your work performance prior to you being let go. However, you may have the right to sue for wrongful termination if your employer committed any of the following violations:
The first step in pursuing a wrongful termination case is to file a complaint with the Equal Employment Opportunity Commission (EEOC). An investigation will be conducted and if any evidence of fault is discovered, the EEOC will attempt to remedy the situation. If you are unhappy with their solution or sufficient enough evidence is not found, you have the right to bring your case to court. A Right To Sue letter will be issued by the EEOC, then you have 90 days to file your wrongful termination lawsuit.
In the meantime, or when you have the Right to Sue letter, speak to and hire an employment attorney. Evidence is crucial in these cases, and an attorney can help you gather the support you need to prove your claim. Some examples include copies of your employment contract or handbook, copies of performance reviews, witness statements, termination notice, emails, etc.
Proving a wrongful termination case can be complex, especially if your previous employer is putting forth an alternative and lawful reason for your firing. An experienced lawyer will help you maximize the strength of your claim and ensure your case is heard.
Contact Rise Law Firm if you feel you have been wrongfully terminated. We can review the facts of your case and determine the best course for legal action. Reach us online or call (310) 861-3303 to schedule a free consultation.