If you experience a wrongful dismissal in CA, you have the option to pursue legal action against your former employer. Workers wrongfully fired can suffer from financial loss and emotional strife. If you feel you are a victim of wrongful termination in California, you may consider filing a lawsuit to attempt to repair the damages caused.
- Types of Illegal Termination in California
- Types of Legal Termination in California
- At-will Employment Exceptions in California
- Filing a Discrimination Charge With the Equal Employment Opportunity Commission in California
- Filing a Lawsuit Against Your Employer in California
What is wrongful termination? Employees wrongfully terminated from jobs encountered loss of employment for illegitimate reasons that are against the law. Employees wrongfully fired from jobs had a former employer who terminated them due to discrimination or retaliatory motives.
An unlawful termination in CA breaks federal law and employers can face serious judgments in court if your case is valid. For more information on what to do if you were wrongfully terminated, examine the sections below.
California Unemployment Resources
Types of Illegal Termination in California
Several types of illegal termination of employment exist in the state of California. Some of these types of illegal firing include discrimination against race, age, sex or ethnicity.
Types of illegal terminations in California also consist of firing a worker based on religion, nationality, disability or veteran status. If one of these types of unlawful terminations applies to your case, you can identify it as your cause of action to file a claim.
Types of illegal dismissal of employment are part of federal law, so employers who have wrongfully dismissed a worker will face penalties through the court system. Reviewing the types of unlawful terminations from employment can assist you in deciding if your dismissal was illegal and a claim is valid.
Types of Legal Termination in California
It is important to review the types of legal termination in California also before pursuing a claim against your former employer. There are types of legal dismissal of employment that may feel discerning but are not against state or federal law.
Types of legal firing include company layoffs and business closing. Legal reasons for terminating employees in California may also be due to poor employee performance or the end of a contract.
If one of these types of legal termination of employment is indicative of your dismissal, you are ineligible to file a claim against your former employer. Since these types of legal firing are not against the law, you cannot pursue the case further.
At-Will Employment Exceptions in California
Is California an at will state? While there are exceptions to at-will employment observed by California, it is an at-will employment state. At will employment exceptions in California protect the rights of employees against unlawful firing.
What is employment at will? At-will employment is a law observed by almost all states in the country that declares both employee and employer can terminate the working relationship because of any legal reason at any time.
The only three exceptions to at-will employment include preventing employers from firing an employee for acting in accordance to public policy (public-policy exception) or if there is an implied contract in place (implied-contract exception) as well as stating that all employers should act in good faith and with good intention (covenant-of-good-faith exception).
Note: All three at will employment exceptions in California are under state recognition and practice.
Filing a Discrimination Charge With the Equal Employment Opportunity Commission in California
If you want to file a wrongful termination discrimination charge, you will need to submit a claim to the Equal Employment Opportunity Commission (EEOC) explaining your case. Filing a charge of discrimination in California is available for completion by phone, mail, online or by visiting the EEOC Los Angeles office.
If you are looking into how to file a charge of employment discrimination, it is important to note that you must turn in the claim prior to 180 days after a wrongful termination. If California enforces the prohibited employment law in which the case focuses on, you will have up to 300 calendar days to file.
When researching how to file an EEOC employment discrimination claim in CA, you may review the entire claims process. Once EEOC receives your claim, they will determine if your case needs investigation. The agency may suggest mediation between you and your employer.
If both parties cooperate, the average completion of the mediation process is around three months. A successful settlement of your claim through the EEOC can take an estimated 10 months after the investigation has started. If the mediation does not result in a settlement after you file a wrongful termination discrimination charge, the EEOC will give you the Notice of Right to Sue your former employer.
Filing a Lawsuit Against Your Employer in California
If you want to file a lawsuit against employers for wrongful termination, you will need the Notice of Right to Sue granted by the EEOC first. When considering how to file a wrongful termination lawsuit, keep in mind that it will be your responsibility to address your cause of action and explain the discrimination or retaliation experienced by your former employer.
If you plan on suing for wrongful termination in California, gathering evidence will be a crucial part of your success in the courtroom. To plead your case, you will need to present witness testimonials, paycheck stubs, documentation and records.
When filing a wrongful termination claim against an employer, hiring a lawyer can be helpful to ensure you present proper evidence and findings. If you are wondering, “Can I file a lawsuit for wrongful termination and win the case?” you may want to consult with an attorney to give you the best chance for a successful lawsuit.
When you are ready to file a lawsuit against your employer in California, it is best to prepare for the case with evidence, your cause of action and an experienced lawyer.
Last Updated: October 18, 2022