California is an at-will state, meaning the employee and employer can end their working relationship whenever they want to and without any notice. However, if your employer terminates you for all the wrong reasons (unlawful reasons), you have the legal right to bring a wrongful termination claim. So, what can you do to navigate the legal system and defend your rights successfully? This blog will help you know what to do when you are wrongfully terminated.

First, Stay Calm

Don't express unnecessary resentment or anger. Even if you're angry, desperate, and bitter, try to remain positive and calm. A long legal fight may just be ahead of you, and you'll have to make sure you're calm and focusing on recovering the damages you deserve.

In addition, don't try to make hasty decisions, such as being uncivil or sending rude emails to your ex-employer. You want to resist the desire to take revenge on or retaliate against the employer by stealing things, destroying workplace property, or harassing management or supervisors at the workplace. Acting in any of these ways may not only result in criminal or civil suits against you, but it'll also hurt your claim, making it challenging to recover damages.

Note that neither one of these acts will make your employer change their decision to let you go. Thus, there is no reason to create a commotion about it. You should focus on defending your rights as a worker with help from a skilled employment lawyer.

Ask Your Employer for an Explanation

Understanding precisely why your employer fired you and the facts surrounding your dismissal should be the next thing you do. Usually, when you are terminated, your supervisors or boss may provide an outward reason for doing so. However, there might be deeper, often unlawful reasons that you aren't aware of but suspect.

The state's law explicitly forbids the termination of a worker for reasons based on harassment, discrimination, breach of contract, or retaliation. It's also against the law to fire a worker for any reason that violates public policy or the provisions of federal/state statute, like the Labor Code.

If your employer fired you due to any of the above reasons or any other reason that a wrongful termination lawyer can explain, you’d be eligible to sue. That's why you have to take time to establish the actual reasons why they fired you.

Finding out the reason for your termination could be as easy as asking your employer why they terminated you or reaching out to the individual who signed your letter of termination. It'd be more helpful if you could access your personal file to evaluate if the employer had issued any warning beforehand or who made the decision to terminate you. Everything you obtain from these parties will assist you in determining whether or not your firing was reasonable.

You shouldn't stop there. If you know of any circumstances that might have led to your unlawful termination, pay close attention to them. You ought to set a chronology of events and record everything you recall, including when the termination took place and the parties involved before the termination. You should know the precise times and dates, names of the parties involved, as well as why you believe they supported the employer's decision to dismiss you. This will assist in adding context to the proof you’ll collect and help you remember everything should your case proceed to trial.

Gather Proof and Information

Whether a wrongful termination claim will be successful or not depends on the kind of proof submitted. If you followed step two properly, it’s most likely that you already have the reasons to believe you were wrongfully terminated. Bearing this in mind, collect as much proof and information as you can to prove your wrongful termination and increase the chances of succeeding in your claim.

Wrongful termination claims are often based on the statement of facts between the employee and employer. The employer asserts that they had a lawful reason to terminate you. On the other hand, you’re alleging otherwise. What makes the judge believe your story is how compelling the evidence you provide is.

You should gather proof you feel may support your claim. The type of evidence you need to collect depends on what claim you're filing. For example, a claim for breach of contract requires different proof than a claim for retaliation for whistleblowing on unlawful activity. However, common pieces of evidence you can gather for your wrongful termination claim are:

  • Statements from your supervisors

  • Whether your supervisors were aware you were engaging in lawfully protected activity

  • Emails concerning particular employees

  • A history of firing workers after they engage in similar things

  • Any videos, voicemail messages, text messages, emails, files, photos, and documents that you can use to support your claim

If any eyewitnesses were present to witness critical events, such as a sexual advance from your supervisor or employer, you have to look for them and take their statements. Eyewitness reports could boost the authenticity of your case, particularly when they’re accompanied by written proof.

As soon as you can, start noting down your account of events. Your version should include as much information as possible that you think led to your unlawful termination. Include all the things you remember— people’s names, dates, where crucial incidents occurred, and their order of occurrence. Generally, you want to start to write your account of events within a few days after termination because memory usually fades over time.

Solid proof is the temporal link between the termination and protected activity. If only a short period has passed since you exercised one of your rights and your discharge, your termination was likely wrongful. For instance, say you sustained a work-related injury on 1st Jan 2021. You exercised your right and brought a workers' compensation claim that day. On 3rd Jan 2021, your employer fired you because you came to work late.

Obtain Legal Advice

You should always reach out to a skilled lawyer for legal advice if you’re being mistreated, discriminated against, or harassed at your workplace and believe this behavior will lead to your imminent termination. And if you’ve already been fired, seek legal assistance and advice immediately.

File Your Complaint to the Relevant Regulatory Agency

Various forms of employee complaints may be brought to several agencies. Common claims you can bring and the organizations with which you could file include:

  • Equal pay claims— if your termination occurred because you raised questions in line with the Equal Pay Act, file your claim with EEOC at the federal level. Alternatively, you could file it with the California Labor Commissioner's Office under the state's level.

  • Whistleblower complaints— if you’ve been fired after engaging in an activity protected by the Sarbanes Oxley Act, bring your complaint to the United States Department of Labor.

  • Unsafe workplace claims— if you've been fired after raising concerns about unsafe workplace practices, you could file your complaint with OSHA (the Occupational Safety and Health Administration). This agency regulates federal laws. Its state equivalent is DOSH (the Department of Occupational Safety and Health)

  • Harassment, retaliation, or discrimination claims— if you’ve been terminated on the grounds of harassment, retaliation, or discrimination, you could file your complaint either with EEOC (the Equal Employment Opportunity Commission) or DFEH (the California Department of Fair Employment and Housing). EEOC regulates federal statutes relating to harassment, retaliation, and discrimination, including the Civil Rights Act and the Americans with Disabilities Act. DFEH regulates the state's Fair Employment and Housing Act.

These organizations are broadly equipped and empowered to look into the facts of your claim then impose administrative penalties if necessary. Also, they may try to assist you in reaching a settlement agreement with the employer or proceed to file a lawsuit against them in court.

Often, you can opt to bring your claim to either of the organizations, irrespective of the statute under which you're claiming relief. For example, you could bring your harassment, retaliation, or discrimination complaint to either the DFEH or EEOC. Your wrongful termination attorney will advise how either of these choices fits into your situation and what option offers the best avenue to damage recovery.

Lastly, File a Wrongful Termination Lawsuit

In most cases, terminated employees proceed to bring a wrongful termination lawsuit in court either because they opt to file the suit first or the regulatory body is incapable of settling their claim. Either way, you should first consult a wrongful termination lawyer. Your lawyer will explain the procedure of bringing a wrongful termination suit and what to expect. Also, remember that there's a timeframe for bringing your wrongful termination lawsuit, and complying with this deadline is crucial.

A skilled wrongful termination attorney will review the details surrounding your case then inform you whether or not you stand a chance of winning your case. They'll also advise on whether or not it'd be ideal to settle out of court instead of suing your ex-employer. Settling out of court may enable you to forget about the dismissal and go on leading your life, but it also means you won't be able to proceed against your ex-employer on the same grounds later.

Based on the circumstances of your case, you might benefit more if you take your case to court. Should your case go to trial and you win, the judge may award you damages that include back pay and the benefits you'd have received if you weren't terminated. Additionally, the judge may order that you be reinstated if you're interested in continuing to work with the employer.

To succeed in your wrongful termination lawsuit or claim, it's critical first to know whether or not you're an at-will employee. In California State, employment is considered to be 'at-will.' At-will employment means that the employer can dismiss a worker without warning and for any reason, provided the reason isn't illegal. This means that workers in California are automatically categorized as at-will employees except if any of these applies:

  • The employer and employee's conduct implies an agreement that the employment wouldn't end except for a good reason (for cause termination). Whether the parties' conduct implies the employment wasn't at will is based on various factors. The court considers:

  • The employer's actions or words, which give assurance that the employee wouldn't be terminated. There are many ways through which an employer's behavior gives an assurance that the employment will continue. The employer may assure continued employment by, for instance, giving the workers bonuses, raises, and promotions without recognizing poor or inadequate performance on the worker's part.

  • The period the employee has worked for the employer

  • The employer's guidelines, handbooks, or policies

  • The employer and employee signed an agreement that would permit the employer to fire the employee.

  • The employment will last a specific period (for instance, two months)

Remember, you have various options at your disposal, and you can enforce your legal rights by any of them. Don't be content with your employer's outward explanations for firing you, especially if you suspect irregularities. If something doesn't add up for you, call a wrongful termination or employment lawyer right away.

Since every case depends on the specific facts involved, it's difficult to tell how long your wrongful termination claim or lawsuit will take. Also, the period it will take for the case to be resolved is based on whether the claim/lawsuit is filed under federal or state law.

Find an Experienced Wrongful Termination Attorney Near Me

Termination is part of an employee's work life, and it's sometimes inevitable. If the termination occurred for all the wrong reasons, you have the right to act. First, consult with an experienced wrongful termination lawyer to see if you have a compelling case, then let them help you seek compensation. At Stop Unpaid Wages, we understand how wrongful termination can affect your life and are ready to help defend your rights. We have decades of experience handling wrongful termination cases in Los Angeles, California. We are proud of the outcome we have achieved in partnership with our clients, thanks to our understanding of the state and federal employment law. We'll review all the facts surrounding your case and conduct a thorough investigation to ensure we have everything we need to defend your rights. Call us at 424-781-8411 today.