Wrongful termination occurs when an employer illegally fires an employee for reasons that violate state or federal law. In California, employees are protected by some of the strongest labor laws in the country, offering a range of legal options if they experience an unfair termination. Knowing how to file a wrongful termination claim in California is crucial for protecting your rights and seeking justice.
California’s laws prohibit terminations based on discrimination, retaliation, or breach of public policy, among other grounds. At Bibiyan Law Group, PC, our Los Angeles wrongful termination attorney focuses on guiding employees through the wrongful termination process, providing knowledgeable advice and representation to pursue justice and compensation. Whether through negotiation, mediation, or litigation, our team protects your rights and fights for a fair outcome.
What Is Wrongful Termination?
Wrongful termination occurs when an employer fires an employee in violation of California’s labor laws. While most employment in California is “at-will,” meaning an employer can terminate an employee for any lawful reason, there are exceptions when a termination crosses legal boundaries, such as:
- Discrimination,
- Retaliation,
- Violation of public policy, and
- Breach of contract.
Each of these violations can form the basis of a wrongful termination claim, allowing employees to seek legal action and compensation for damages. Knowing these legal protections helps employees understand when their rights have been violated.
Gathering Evidence for Your Claim
Supporting a wrongful termination claim requires strong evidence to prove that your firing violated California law. Proper documentation can make or break your case, so gathering and preserving key records is essential. Important types of evidence include:
- Messages between you and your employer, such as emails;
- Performance reviews;
- Statements from coworkers who witnessed the events leading to your termination; and
- Employment contracts or company policies outlining your rights, responsibilities, and protections.
Keep all relevant documents safe and organized to strengthen your claim. Create copies of emails and notes, and document any verbal conversations as soon as possible. Organizing this information can streamline the legal process and ensure you have the evidence to support your case.
Filing a Formal Complaint
If you’ve been wrongfully terminated in California, filing a formal complaint with the California Civil Rights Department (CRD) is essential. Under California law, the CRD oversees claims involving discrimination, retaliation, and other employment-related violations. Understanding how to file a complaint properly ensures your case is taken seriously and increases your chances of a favorable outcome.
Filing the Complaint
You can file your complaint with the CRD online, by mail, or in person. Be sure to include all relevant details about your termination, why you believe it was wrongful, and any supporting documents such as emails, performance reviews, or witness statements.
Initial Review
Once the complaint is submitted, the CRD will conduct an initial review to determine whether your claim falls under its jurisdiction. This step ensures that your claim involves a violation such as discrimination, retaliation, or another breach of employment law.
Investigation
If the CRD accepts your claim, they will assign an investigator to gather more information. This may include interviews with you and your employer, reviewing relevant documents, and any other fact-finding needed to build a strong case.
Resolution
The CRD may attempt to mediate a dispute between you and your employer outside of court to resolve it. If mediation is unsuccessful or if there is strong evidence supporting your claim, the CRD may pursue legal action on your behalf.
Types of Damages You Can Pursue in a Wrongful Termination Claim
In a wrongful termination claim, you can pursue various damages, including lost wages covering the income you would have earned from the time of termination until the case resolves and potential future earnings. You may also recover lost benefits, such as healthcare or retirement contributions, impacted by the termination.
In addition, you can seek damages for emotional distress to compensate for the psychological harm caused by the wrongful termination. If your employer acted maliciously or recklessly, you may pursue punitive damages to punish the employer and prevent future misconduct. In some cases, employees can request reinstatement to their previous job.
Contact an Experienced Employment Law Attorney to File a Wrongful Termination Claim Today
Filing a wrongful termination claim in California can be complicated, requiring a deep understanding of state and federal laws. Missing deadlines or improperly filing your claim can weaken your case or cause you to lose your right to seek compensation.
That’s why having an experienced employment law attorney by your side is crucial to help ensure the correct filing of your claim, gather the necessary evidence, and represent your interests during mediation or legal proceedings.
At Bibiyan Law Group, PC, we focus on wrongful termination cases and have the experience to navigate California’s complex legal system. Our team will work closely with you to build a strong case, protecting your rights and pursuing the compensation you deserve.
If you believe you’ve been wrongfully terminated, don’t wait—contact us today for a consultation. Let us guide you through the process and help you file a wrongful termination claim with confidence.
Frequently Asked Questions
How Long Do I Have to File a Wrongful Termination Claim in California?
Generally, for employment cases, you have up to three years from your termination date to file a complaint with the CRD. However, the timeline may be shorter depending on your case. It’s important to act quickly to ensure you don’t miss this deadline.
Can I File a Wrongful Termination Claim in California If I Don’t Have a Written Contract?
Yes. You can file a claim even without a written contract. California law protects employees from wrongful termination based on discrimination, retaliation, and violations of public policy, regardless of contract terms.
Do I Need a Lawyer to File a Wrongful Termination Claim in California?
While you can file a complaint without a lawyer, it’s highly recommended to consult an experienced employment attorney to navigate the process and strengthen your case.
Can I Get My Job Back If I Win a Wrongful Termination Case in California?
In some cases, employees may be reinstated to their position. However, compensation for lost wages and damages is more common in wrongful termination settlements.
David Bibiyan, a top attorney at Tomorrow Law™, specializes in employment law, fiercely defending employees in cases of discrimination, harassment, wrongful termination, and wage issues. Known for his deep legal knowledge and dedication, he consistently secures favorable outcomes through skillful negotiation and litigation. His passion for justice drives his commitment to workers’ rights and fair employment practices.
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