What to Do After Wrongful Termination
As a team of wrongful termination lawyers in California, D.Law frequently receives questions about employee rights and what qualifies as wrongful termination.
While California is an at-will employment state, employers are prohibited from terminating employees for unlawful reasons. Understanding how to respond after a wrongful termination can help employees protect their rights and pursue legal recourse under California law.
Step 1: Establish the Reason for the Termination
Wrongful termination arises when an employer terminates an employee for an unlawful reason, such as:
Discrimination based on a protected characteristic, such as the employee's race, religion, gender, or age
Workplace retaliation after the worker upheld their employment rights, such as by reporting OSHA violations, taking leave under the FMLA, experiencing FMLA harassment, or asking for disability accommodations
Violations of employment contracts, such as terminating employment before the contract ends or forcing a worker to sign an unlawful contract
Providing notice to perform jury duty, which requires the employer to allow jury duty leave
A worker should begin by establishing the reason they were terminated and assessing whether it may qualify as wrongful termination. Employers often provide reasons for a termination, but the stated reason may differ from the actual basis.
Step 2: Collect Relevant Documentation
The worker should then gather evidence and documentation to support their wrongful termination. This may include:
Text messages or emails between the worker and their employer
Performance reviews that show the worker was meeting job expectations
A company handbook detailing unlawful policies
The worker's employment contract to support a contractual violation
Because California and most other states follow at-will employment laws, proving wrongful termination can be challenging. A worker should seek to collect as much evidence as possible to support their claim. Working with a wrongful termination lawyer at D.Law can help them understand the types of evidence that may be applicable in their case.
Step 3: Act Quickly
Once a worker has sufficient documentation and evidence to support their wrongful termination, they should work quickly to report this violation of employment rights. Workers in California have a maximum of three years from the date of the termination to file a claim.
A worker may submit a claim through the California Civil Rights Department or the U.S. Equal Employment Opportunity Commission. These agencies can investigate the claim and assess whether there is evidence of a legal violation. They may issue the worker a Right to Sue letter that enables them to pursue legal action against their employer, which could allow them to seek damages such as:
Loss of earnings
Loss of benefits
Emotional distress
Their attorney can represent them through the claims process.
D.Law Helps Workers Understand What To Do After Wrongful Termination in California
Employers who believe their workplace rights have been violated should seek legal counsel to understand their rights and next steps, says D.Law. The law firm represents workers across California through claims involving wrongful termination, wage disputes, discrimination, harassment, workplace retaliation, and more.
Employees looking for more information about what to do after wrongful termination or how to collect evidence to support this claim can contact D.Law at 818-275-5799 to request a consultation.
