Being fired from your job is never easy, but it can be especially difficult when you believe you’ve been wrongfully terminated. California has strict employment laws that protect employees from discrimination and wrongful termination. If you believe your employer has violated your rights, it’s important to take action as soon as possible. Here’s what you should do if you’ve been wrongfully terminated in California:
- Understand your rights
Before taking any action, it’s important to understand your rights as an employee in California. The state has laws that protect employees from discrimination based on race, gender, age, disability, and other protected categories. California also has laws that protect employees who report illegal activity or refuse to participate in illegal activities at work. If you believe you’ve been wrongfully terminated, it’s important to speak with an employment law attorney to understand your legal options.
- Gather evidence
If you believe you’ve been wrongfully terminated, it’s important to gather as much evidence as possible. This includes documentation of any discriminatory or retaliatory behavior from your employer, such as emails, texts, or witness statements. You should also keep records of any performance reviews, disciplinary actions, or other documentation related to your employment. This evidence will be crucial in building a case for wrongful termination.
- File a complaint with the California Labor Commissioner
If you believe you’ve been wrongfully terminated, you can file a complaint with the California Labor Commissioner’s Office. The Labor Commissioner’s Office investigates claims of wage and hour violations, retaliation, and discrimination. You can file a complaint online or in person at one of their offices throughout the state.
- Consult with an employment law attorney
If you believe you’ve been wrongfully terminated, it’s important to consult with an employment law attorney. An attorney can review your case, help you understand your legal options, and represent you in court if necessary. Your attorney can also negotiate with your employer to try to resolve the issue without going to court.
- File a lawsuit
If negotiations with your employer are unsuccessful, you may need to file a lawsuit. An employment law attorney can help you file a lawsuit and represent you in court. If you win your case, you may be entitled to damages for lost wages, emotional distress, and other damages.
- Know your timeline
It’s important to act quickly if you believe you’ve been wrongfully terminated. In California, you have a limited amount of time to file a complaint with the Labor Commissioner or file a lawsuit. The statute of limitations for wrongful termination claims in California is generally three years from the date of termination, but there may be exceptions depending on the circumstances of your case.
- Take care of yourself
Being wrongfully terminated can be a stressful and emotional experience. It’s important to take care of yourself during this time. Make sure you’re getting enough sleep, eating well, and exercising regularly. Consider talking to a therapist or counselor to help you deal with the emotional impact of your situation.
In conclusion, being wrongfully terminated can be a difficult and stressful experience, but there are steps you can take to protect your rights. It’s important to understand your rights as an employee in California, gather evidence, file a complaint with the Labor Commissioner, consult with an employment law attorney, and file a lawsuit if necessary. Remember to take care of yourself during this time and seek support from friends, family, and professionals if needed.
If you would like to speak with a legal team that exclusively practices in this area of law, give us a call at 855-IM-FIRED for a free case evaluation. Our attorneys have substantial experience with these types of cases representing older individuals who have been discriminated against in the past or who are currently experiencing age discrimination.
There are no up-front costs and you do not pay any attorneys’ fees unless we get a recovery in the case.
Contact our Los Angeles California employment attorneys and lawyers now for all of your employee rights’ needs!