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Posted on July 2, 2024 in Wrongful Termination
California may be considered an “at-will” state for employment, but that does not mean that your employer can fire you for any reason. In fact, if you were an employee who falls under a “protected status,” you may have the right to sue your employer for wrongful termination if you were fired without just cause. Taking legal action by pursuing a wrongful termination lawsuit with a wrongful termination lawyer in San Diego may be the best way for you to hold your employer accountable and access the financial compensation you are entitled to.
Many people are under the impression that you cannot sue an employer for wrongful termination if you live in an at-will employment state. However, this is simply not the case. If your employer violates the National Labor Relations Act (NLRA), the Fair Employment and Housing Act (FEHA), or California labor laws, you may have the right to sue them. Your employer must have been in violation of a state or federal employment law for your civil lawsuit to be successful.
However, it should come as no surprise if your employer tries to hide their violations. It is common for employers to argue that their reasons for terminating you were due to poor performance, not having enough qualifications, or being in violation of some previously unheard-of company policy.
Taking legal action against employers who wrongfully terminate their employees can be intimidating. You may worry that the stress and anxiety of filing a lawsuit against them may be too much to bear.
However, if your claim is successful, not only could you recover your lost wages, back pay, and additional compensation for your reputational damages, but the court system could also require your employer to reinstate you or impose sanctions to punish them. You must be able to prove that your employer did one or more of the following for a wrongful termination complaint to be successful:
Unlike criminal court where the prosecutor is required to prove a defendant’s guilt beyond a reasonable doubt, civil court is different. When you are filing a wrongful termination claim, the burden of proof is on you. You must be able to show that your employer’s conduct was discriminatory or unlawful. The burden of proof is based on a preponderance of the evidence per Civil Jury Instructions Resource Center’s Civil Plain English Comparison under BAJI 2.60, so as long as the evidence is clear and convincing, the jury should return a verdict in your favor.
Unfortunately, you do not have an unlimited amount of time to decide whether you want to take legal action. Although this may be a sensitive time in your life, if you are going to sue your employer, you need to do so before the statute of limitations expires. The type of wrongful termination complaint will determine how much longer you have to file your lawsuit. For example:
If you are filing a violation of public policy wrongful termination lawsuit, you must do so within two years, according to the U.S. Department of Labor (DOL). However, if you need to sue after being terminated for blowing the whistle, the statute of limitations may not expire until three years. Consult a legal advocate to find out exactly how much longer you have before your deadline expires. Remember, if your lawsuit is not filed before time runs out, you may be prohibited from pursuing your case in civil court.