Losing your job can be a devastating experience, and knowing it was a “wrongful dismissal” makes it even more painful. Because of this, you might want to file a wrongful termination claim. However, this can be a nightmare for employees due to the time-consuming process, the gathering of enough evidence, and an uncertain outcome.
While most employees think they can’t do anything about bad behavior from their employers, there are actually a few options. It is best to speak with lawyers that specialize in wrongful termination to fully understand your rights.
In this post, we’ll tell you what wrongful termination is, how to determine if you have been wrongfully terminated, and how an employment attorney can help you claim the employment benefits you deserve.
We’ll also tell you what you can expect from an employment lawyer in Los Angeles.
What Is Wrongful Termination, and What Are the Grounds for It?
Layoffs are a part of every business in the United States. However, there are legal ways to go about the process of terminating employment. If an employee is laid off from their job without a reasonable explanation, it can qualify as wrongful termination.
As per the law, every employer should provide their employees with a reasonable explanation behind the action, such as “they were caught breaching the employment contract” or “they did not achieve the minimum sales target,” before dismissing them from the job.
If an employee is fired without a notice period, severance, or other benefits as promised by the employer, they have been wrongfully dismissed from work.
There are many grounds for a wrongful termination case, including:
Discrimination
Discriminating against an employee based on protected characteristics is illegal and is strictly prohibited. However, employers still practice discrimination, and the result could be a wrongful termination.
Retaliation
Another common ground for wrongful termination is retaliation. When employees raise their voices against the wrongdoings of their employers, they are often handed a termination letter without a reasonable explanation. Watch out for these 8 signs of retaliation in the workplace to know if retaliation is the cause behind wrongful termination.
Taking Time Off of Work
California law permits every employee time off of work for reasons like military obligations, medical emergencies, and more. When employees exercise this right, they are may be dismissed by their employers. This commonly happens with women employees that apply for maternity leave.
How Do You Know If You’ve Been Wrongfully Terminated?
It is essential to determine the intent behind a dismissal to understand whether it was wrongful or meets with the company’s policies and the law. Here are some signs you have been wrongfully terminated.
Termination Violates the Terms of the Contract
To understand your rights, you can read your employment contract and examine its terms and conditions. Does your termination violate any of the terms mentioned in the contract? If yes, it could be a sign of wrongful dismissal.
For example: If the contract states that the employer will provide a 1-month notice period before dismissing your employment, and they don’t serve you with a notice, it qualifies as wrongful termination.
Firing Violates Statutory Laws
Every state, including California, has some public policies employers must adhere to when letting employees go. For instance, states don’t allow employers to terminate employees under certain circumstances, such as when they are pregnant.
If the reason behind termination falls under “certain circumstances,” as mentioned in the public policies, it can be considered wrongful dismissal.
For example, an employee gets a disability from an accident. The employer cannot terminate their employment because of the disability.
It Happened After You Complained About the Employer
If you have received your termination letter after filing a complaint against the employer with the U.S. Equal Employment Opportunity Commission (EEOC) or any other department because they violated a law, it might be a wrongful termination. Even if it happens after 6–8 months of filing the complaint, it can still qualify as wrongful dismissal.
You Sought Reasonable Accommodations
As per the law, every employee in California has the right to access accommodations, such as breastfeeding rooms for lactating mothers. If the termination is a result of you asking for such accommodations, it is a sign you are wrongfully terminated.
What Are Your Legal Options If You Have Been Wrongfully Terminated?
Do you suspect you have been wrongfully terminated? Here are some legal options you can pursue to get justice:
Severance Agreement
In most cases, employers know that the fired employees will ask for a severance agreement, so they tend to agree to such contracts. With the help of an employment attorney, you can negotiate with your employer for a severance package. Chances are high that you might receive a lowball offer, but if you don’t want to file a lawsuit, accepting it could be a good option.
Internal Grievance
Filing an internal grievance works well if you suspect your employment will be terminated by the employer. After an internal grievance, it becomes difficult for the employer to fire you unlawfully, as it will show clear retaliation.
If the employer has fired you already, you can work with them to agree to a post-employment grievance through arbitration in case such procedures are followed in the organization.
Union Grievance
Members of a union can file a grievance with the help of their organization. The union contract usually outlines the rules for a grievance for firing a union member.
Discrimination Claim
If the termination is a result of discrimination or unfair treatment based on any protected class or attributes such as sex, race, pregnancy, etc., the law gives you the right to file a complaint with the Equal Employment Opportunity Commission.
However, there are some timeframes you must adhere to in order to file a successful claim. You’ll need lawyers that specialize in wrongful termination to file a complaint, so contact a reliable employment lawyer in Orange County.
Wrongful Termination Lawsuit
If you want every benefit outlined in your employment contract, you can file a wrongful termination lawsuit against the employer. In order to file a lawsuit, you must have documents and other evidence to prove that your termination was unethical and violates the employment laws of the state.
At Hershey Law, we have experienced employment lawyers in Orange County and Los Angeles that can help you file a wrongful termination lawsuit against your former employer. From organizing the paperwork to representing you in court, we take care of everything so that you don’t have to go through this stressful process alone.
Call us at 310-929-2190 for a free consultation to learn how you can proceed with your case.
Damages You Can Recover from a Wrongful Termination Lawsuit
There are several types of damages you can recover from a wrongful termination lawsuit. These benefits will depend on the severity of the case and the losses you have suffered due to the termination. With the help of an expert wrongful termination lawyer from Hershey Law, you can expect to get the following benefits:
- Back pay
- Severance package
- Lost benefits
- Out-of-pocket expenses
- Health insurance
- Injunctive relief
- Provident fund
- Punitive damages
In case of violation of the employment agreement or the state’s statutory laws, you can file a lawsuit against the employer with the help of a lawyer. If the evidence points to wrongful termination, the court can order the employer to restore you to your job and pay the damages you’ve incurred due to termination of employment.
What Are the Benefits of Hiring a Lawyer If You Have Been Wrongfully Terminated?
Filing a lawsuit for wrongful termination can be pretty challenging because you need evidence to make your case. Also, you need knowledge about what authority to contact and how to organize your case. Here are some benefits of hiring lawyers for wrongful termination.
They Help Determine If the Termination Was Wrongful
In order to get all the benefits from your employer, you need to prove that the termination was wrong. It can be difficult for you to determine and evaluate facts because it requires legal knowledge.
A lawyer will pay attention to every detail, such as the reason behind the firing and how the employer fired you, to figure out if it was unlawful or not. You can only make a case if the dismissal was wrongful or unethical.
They Tell You About the Available Options
Once the lawyers know there is a case of wrongful termination, they will help you explore the available options. The employment attorneys will tell you about the legal actions you can take, such as filing wrongful termination lawsuits against the employer.
Moreover, the lawyers will help you understand your rights and entitlements according to state and federal laws. When you know what you can claim and how you can claim it, the chances are high that you’ll get the employee benefits you are entitled to receive.
They Review Your Employment Contract
An employment contract can be a complex piece of paper with several terms and conditions. Furthermore, these terms and conditions can be hard to understand for an employee.
The attorneys will review your implied contract to advise you whether the employer has breached the agreement.
They Help You Gather Evidence
Evidence plays a crucial role in employment-related cases, especially wrongful termination. Attorneys are law experts, and they know what evidence works well for a case. They also tell you how to organize the evidence to present your case in the labor court on strong grounds.
They Know How to File a Case
Filing a case or complaint is something attorneys do every day! They know which authority to contact for your case and how to register a complaint based on strong grounds. For example, discrimination-related or sexual harassment cases should be filed with the Equal Employment Opportunity Commission.
The attorneys also evaluate your wrongful termination claim to see if there is some other agency you should be filing a complaint or charge with, such as the National Labor Relations Board or OSHA.
They Help You Calculate Damages
Loss of employment due to wrongful termination doesn’t just lead to financial losses, but it also causes emotional distress. When filing a charge against the employer, attorneys help you calculate the damages you’ve suffered due to the wrongful termination.
When you know what damages you have suffered, you can file a workers’ compensation claim or another claim, asking the court to order fair compensation to you by the employer.
They Command Attention
Whether right or wrong, when your employer receives legal notice from the wrongful termination attorney, they tend to pay attention to it. With a legal professional by your side, you can give your wrongful termination claims a better chance of being seriously considered by the employer.
It helps you obtain an answer quickly from the employer, so you can decide the next course of action.
They Face Your Employer Confidently
Your employer has a team of legal professionals assisting them with such cases. Dealing with the company’s attorneys requires legal expertise, and an employment lawyer in Los Angeles can do it confidently.
They can even negotiate with the company’s attorneys to come up with a conclusion keeping your best interests in mind. As a result, your attorneys can save you from the hassles of filing a case.
Do you need a lawyer to fight against wrongful termination? Hershey Law is a reputable California law firm in Orange County you can trust. With our years of experience, we know how to deal with such employers.
From assessing the losses you’ve suffered to filing a complaint and following up with the employer’s attorneys, we take care of everything on your behalf.
Call us at 310-929-2190 to request a free case evaluation, and let us help you get justice.
What Should You Expect From Your Lawyer During the Case Proceedings?
An employment lawyer will take care of everything after you file a lawsuit against your former employer with their help. Here’s what you can expect:
Advice Throughout the Case
The attorneys give you advice about all legal proceedings, like what should be your next legal step or course of action. This keeps you informed about the case.
Prediction of the Outcome
Attorneys can predict the outcome of the case, and they can also predict the outcome from the evidence you’ve submitted.
Inform You of Any Changes, Delays, or Setbacks
Legal proceedings can be time-consuming, depending on the complexity of the case. The attorneys keep you informed about any changes, such as a change in the date of hearing or any delays as announced by the court of law.
Help You Make Important Decisions
What you do after the employer terminates you can affect the outcome of the case. The wrongful termination attorneys tell you about making important decisions, such as whether to contact HR or not. These important decisions can strengthen the case and may result in a favorable outcome.
Prepare Your Case
The employment lawyers prepare your wrongful termination cases such as deposition of complaint and trial preparation. Also, the team of legal professionals takes care of organizing the documents properly.
Speak with an Orange County Wrongful Termination Lawyer for Your Case!
Don’t suffer because of wrongful termination; get all the benefits you deserve. Employment attorneys at Hershey Law can help you file a complaint with the right authority while providing you with all the legal aid you need throughout the case.
We even negotiate with your employer to help you claim all employment benefits you are entitled to receive. Our qualified wrongful termination lawyers have been fighting for the right of Orange County’s employees for years.
Call us at 310-929-2190 to request a free consultation, and explore the available options in your wrongful termination case.
