FILING A WRONGFUL TERMINATION CLAIM
“Can I file a wrongful termination claim against my employer?” For numerous terminated employees, this question usually crosses their minds, especially if they are questioning the validity of their employers’ decision to fire them.
Indeed, deciding to terminate an employee must be based on legal grounds. Otherwise, companies may expose themselves to lawsuits. However, not all workers are well-versed with the accompanying legalities surrounding termination, and it could be difficult for a recently-fired employee to pursue a claim since they don’t have that prior knowledge of what is considered illegal dismissal.
“So if you are an employee and you have been terminated recently, you can file a wrongful discharge lawsuit. But then, you must first make the necessary considerations before heading into this legal battle.”
BELOW IS A LIST OF SOME POINTS YOU NEED TO CONSIDER BEFORE YOU FILE YOUR CLAIM:
In relation to the above point, wrongful termination law, which is mentioned within the federal and state anti-discrimination statutes, provides that employees cannot be discharged from their duties or be penalized at work on the basis of their protected characteristics—age, race, color, national origin, religion, disability, sex, and others. You are entitled to file a lawsuit if this ever happens to you.
Similarly, you can bring a lawsuit of wrongful termination against your employer if you were fired in retaliation for exercising a specific right that is considered public policy. For instance, you can file a claim if you complained about your employer’s violation of workplace safety laws and you were fired soon after doing so. If you took time off to serve in a jury or vote or disclosed your employer’s illegal employment practice to an agency and you were fired for doing so, then you can file your claim against your employer.
It is considered wrongful termination if you have fired as a result of your refusal to give in to the demand of your employer to commit an illegal activity in the workplace.
You are also wrongfully discharged if the decision to terminate you does not conform to what your employment handbook tells you as grounds for termination. If, for example, you are terminated for a particular offense after just your first verbal warning, but your manual says that an employee can only be terminated in that same situation after two warnings and a suspension, then it could be grounds for you to file your claim.
Whatever the situation is after your termination, it is crucial that you hire a reputable employment lawyer specializing in illegal discharge cases to have your claim evaluated and represented.
WHY SHOULD I HIRE A WRONGFUL TERMINATION ATTORNEY IN CALIFORNIA?
By hiring an attorney for wrongful termination cases in California, you give yourself an increased chance of obtaining the justice that you deserve from the inconsiderate and unlawful actions of your employer. You won’t have to assert your rights on your own; you have a legal counsel that can navigate the complexities of the legal process, making sure that your lawsuit has enough proof to support your claim that your employer wrongfully terminated you.
For the most part, out-of-court negotiations between terminated employees and employer occur, which almost always result in reasonable settlements in favor of the former. However, if circumstances dictate that the legal matter should be settled through a court trial, you can be sure that your legal counsel is a seasoned trial attorney who has incurred enough experience when it comes to client representation and employment and labor law practice.
More importantly, regardless of the legal process that entails your case, your lawyer can determine the significant damages you may be awarded. Indeed, your chosen legal counsel has all the tools and resources to sort out several issues surrounding your case, and, protect your rights and pursue your interests.