If you believe you were wrongfully terminated in California, here are steps to help you move forward.
Know Your Rights
California is an “at-will” employment state, meaning employers can terminate employees without cause, but there are exceptions. Employers cannot terminate you for discriminatory reasons, such as your race, gender, age, disability, or religion. Additionally, it is illegal to fire you for exercising your legal rights, such as filing a complaint about workplace harassment, taking family leave, or reporting illegal activities.
Understanding these protections under the California Fair Employment and Housing Act (FEHA) and other relevant laws is crucial. This knowledge empowers you to assess whether your termination was indeed wrongful. If so, you have the right to file a claim with the state’s Civil Rights Department (CRD) or the federal Equal Employment Opportunity Commission (EEOC).
Talk to a Lawyer
An experienced Los Angeles wrongful termination lawyer can evaluate your case, advise you on your rights, and help you gather evidence, such as documentation of your termination, emails, performance reviews, etc. Legal representation is particularly important if you decide to file a formal complaint or pursue a lawsuit. They can handle all legal aspects for you and advocate for the best possible outcome.
File a Claim
If your lawyer advises that you have a valid case, the next step is to file a formal complaint with the CRD or the EEOC. These agencies investigate claims of wrongful termination and can mediate a resolution between you and your former employer. Filing a claim with these agencies is often a prerequisite before you can file a lawsuit in court.
During this process, it is critical to continue gathering and preserving evidence. Detailed records of your termination and any events leading up to it will strengthen your case. Cooperation with the investigating agency is also vital, as they will request documentation and possibly interviews to understand the circumstances of your termination.
Settlement or Lawsuit
Depending on the outcome of the investigation, you may receive an offer for mediation or settlement from your former employer. In some cases, a settlement might include compensation for lost wages, emotional distress, and other damages. Your lawyer can help you evaluate any settlement offers and determine whether they are fair and adequate.
If a satisfactory resolution cannot be reached through mediation, your next step may be to file a lawsuit in state or federal court. Lawsuits can be time-consuming and stressful, but they can also result in significant compensation if you are successful.
Focus on Your Future
Hiring an employment lawyer in Los Angeles to handle your claim gives you the ability to focus on your professional development and mental health. Use this time to update your resume, network, and explore new job opportunities. Consider seeking support from career counselors, therapists, or support groups to help you cope with the emotional impact of wrongful termination. Additionally, be cautious about discussing your case publicly or on social media. Anything you say could be used against you in legal proceedings.