Termination of employment is a big deal to almost all of us. It may cause significant stress to figure out where your next check is coming from suddenly, and it can be additionally stressful if you feel that you were terminated illegally. If you have concerns about the grounds of your termination, you may benefit from discussing your legal options with our San Diego employment lawyer with Walker Law.
What is Wrongful Termination
If you are considering a wrongful termination lawsuit, learning what California Law considers wrongful termination is beneficial. Because it is an ‘at-will- state, many people think they can be fired for any reason. However, this is not the case, and many reasons for termination are illegal. According to the California Department of Industrial Resources (DIR), those reasons can include:
Race, color
Sex, gender (to include pregnancy, breastfeeding status, and related issues), gender identity or expression
Age
Medical condition, illness status, disability
Additionally, termination for retaliation is also illegal. This may look like termination after filing a complaint for any number of problems, such as reporting or threatening to report Department of Labor violations, discrimination, or harassment concerns.
Filing Your Wrongful Termination Claim
If you determine you have been illegally terminated from your position, you are within your rights to file a wrongful termination claim against your previous employer. You can follow the complaint process on your own through the Department of Civil Rights(DCR). When you file your complaint online, the DCR will assess the complaint for potential civil rights violations and pursue an investigation based on those findings.
Whether you choose to bring on your own attorney or complete the process through the DCR, you will need to gather supporting documents and evidence, including the names and contact information of those responsible, if it is known. If you file a lawsuit, you must first obtain a right-to-sue form. Once you have this form, you may continue with filing the lawsuit.
If you are pursuing your claim alone, the DCR may provide free mediation or resolution services as appropriate. You may secure legal representation for these mediations so that you can act on your behalf in the mediation. Many people find benefits in mediation, such as resolving the situation more quickly than going to court. However, if you cannot find an agreeable resolution, you are not obligated to accept a settlement through mediation.
Alternatives
Filing your complaint with the Department of Civil Rights is only one option. You are not required to file your claim through them. As long as you obtain the right-to-sue, you may do so through a private attorney.
Statute of Limitations
California has deadlines for when you can file a claim. This can vary from one to three years, depending on the specifics of your case, and the law provides very few exceptions. You may want to consult with an employment attorney to ensure you do not miss your opportunity to recover compensation for your unfair and illegal treatment. You deserve to seek justice against an employer who practices exploitative and illegal employee management. Contact an attorney today.
