How to File Wrongful Termination Suit in California

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California and the federal government have very specific rules about termination of employment. California is an at-will employment state. That means that employers have the right to terminate an employee’s employment whenever they decide to do so, and sometimes, they do not have to provide a reason for doing so at all.

However, there are limitations to this, specifically when the reason for termination relates to any protected status or any type of discrimination. If you feel that you were terminated from your job in violation of California law, you may have the right to file a wrongful termination lawsuit. Talk to a  San Francisco wrongful termination attorney at The Armstrong Law Firm today.

What to Do to File a Wrongful Termination Lawsuit

To file a wrongful termination lawsuit in California, the burden of proof lies on your shoulders. For that reason, you will need to work quickly to gather all evidence available to you, including any documented evidence, statements, and witness statements that could help you show that the person took action against you in some manner that is illegal. Proving that you were terminated illegally requires being able to show violations occurred. To do that, consider:

  • Gathering witness statements
  • Discussing your case with an attorney who is familiar with the company
  • Talking to other workers about why and when they were terminated

Also, note that you have two years from the date of the termination to take some type of legal action. That does not give you a lot of time to act.

Filing a Formal Complaint

With the help of your employment attorney, file a legal complaint with the court in the area where the incident took place. The Equal Employment Opportunity Commission is often the office to turn to if you feel you have been terminated due to your race, color, creed, sexual orientation, or other protected classes. This organization will then investigate the claim and take action based on what it finds.

Filing a Lawsuit

You have the right to file a civil lawsuit in a court of law as well if you believe that you were terminated unfairly and you hope to seek out financial compensation. The complexities of this process make it beneficial to seek out legal support from your attorney.

You may be able to work out an agreement for compensation for the losses you suffered. This could include lost wages and any other benefits you suffered as a result. Proving that you are owed this type of compensation is critical, and it can lead to reinstatement or financial settlements paid to you.

Seeking out legal support in a matter like this can prove to be critical to showing that wrongful termination took place in California. That is because the state gives employers the ability to terminate a person’s job for any reason. It is up to you, then, to prove that this is not why you lost your job but because some illegal action occurred that would violate one of the state or federal government’s employment laws.