Wrongful Termination Lawyer in California
Wrongful Termination Lawyer in California
•Protecting Employees from Wrongful Termination in California
California is an at-will employment state, meaning employers can fire an employee at any time for any reason. However, there are exceptions to this rule. Employers cannot fire an employee for a discriminatory reason, such as their race, gender, religion, or sexual orientation. They also cannot fire an employee for a retaliatory reason, such as reporting their employer to the authorities for a violation of workplace safety codes.
At McDonald Trial Lawyers, we are passionate about protecting the rights of employees who have been wrongfully terminated. With years of experience in employment law, we know how to build a strong case on behalf of our clients. If you have been fired for an unlawful reason, we can help you fight for justice.
For a consultation with our experienced wrongful termination attorney, call (415) 531-0421 or contact us online.
•What Is Wrongful Termination?
Wrongful termination occurs when an employer fires an employee for an illegal reason. This is also known as wrongful dismissal or wrongful discharge. If you have been fired for an illegal reason, you may be able to bring a wrongful termination claim against your employer.
•WHAT IS THE DIFFERENCE BETWEEN A LAYOFF AND A TERMINATION?
When an employer lays off an employee, the employee is:
- Terminated from their position
- Typically eligible to be rehired
- Eligible to receive unemployment benefits
- Eligible to receive a severance package
- Not necessarily laid off for poor performance or other misconduct
When an employer terminates an employee, the employee is:
- Terminated from their position
- Not eligible to be rehired
- Eligible to receive unemployment benefits
- Not eligible to receive a severance package
- Likely terminated for poor performance or other misconduct
Legal Options for Wrongful Termination
It's critical to familiarize yourself with your rights and options in court if you feel that your employment was terminated unlawfully. At McDonald Trial Lawyers, our professional wrongful termination lawyers can assist you in overcoming the complex legal procedure and seeking justice for your unlawful dismissal.
Some legal options include:
- Bringing a claim for wrongful termination
- Requesting reimbursement for lost income and benefits
- Reaching a settlement agreement with your previous employer
- The Equal Employment Opportunity Commission (EEOC) complaint form
- Requesting to be returned to your previous role
We will put forth endless effort to uphold your legal rights and make employers answerable for any improper termination procedures. Get in touch with us right now to talk about your situation and arrange a consultation with our qualified California wrongful termination attorneys.
•How Long Do I Have To File A Wrongful Termination Lawsuit?
In California, the period within which you can file a lawsuit for wrongful termination varies based on the specifics of the case. Usually, if your case involves allegations of discrimination, harassment, or retaliation, it's mandatory to initially submit a complaint to the California Civil Rights Department prior to filing a lawsuit. The standard deadline to lodge this complaint is often three years following the date of the supposed wrongful conduct.
After filing, you may receive a "right to sue" notice. Once this notice has been issued, you have one year to file your lawsuit in court. It's important to note that this process and timeline apply specifically to claims under state law.
It is necessary to file a charge with the Equal Employment Opportunity Commission (EEOC) no later than 180 days after the alleged violation occurred for claims of wrongful termination resulting from violations of federal employment statutes, including discrimination related to race, color, origin, gender, religious beliefs, disability, pregnancy, or age.
Considering the different time limits and intricacies surrounding claims of wrongful termination, seeking advice from an employment law attorney promptly is recommended to guarantee your actions align with the necessary legal timelines. A lawyer can offer tailored advice for your particular case and assist in guiding you through the involved legal procedures.
Send Us a Message
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the
Request Free Consultation
Start your Free Case Evaluation by using the form below. You’ll get a fast response from one of our team members