Being unlawfully terminated by your employer in California (or anywhere else around the world) can be painful and difficult to accept, but you must move promptly to safeguard your employee rights upon termination. You have a limited time to initiate a formal complaint or legal action for wrongful dismissal before losing the ability to seek compensation through the administrative or legal system.
A “statute of limitations” (or “SOL”) is the term used to describe the time frame within which you must bring legal action or else lose the ability, or “standing,” to do so. The SOL deadlines vary, depending on where you file your case and which claims you bring. For wrongful termination based on public policy, you have two years to file a complaint.
On the other hand, if you are unlawfully discharged from your workplace in California due to discrimination, to bring a claim or lawsuit for discrimination or harassment under California law, you have three years to initiate a discrimination claim under the FEHA, by filing a complaint (online, by mail or in person) with the California Civil Rights Department (“CRD”) of the discriminatory or harassing act. Or, a right-to-sue letter can be obtained from the CRD to allow a lawsuit to be filed in court against the employer. If you file a claim under federal law, then a complaint should be filed with the U.S. Equal Employment Opportunity Commission (“EEOC”). The CRD or the EEOC will conduct an administrative investigation, and may decide to pursue an action on your behalf. If they take no action, you can pursue your claim by filing a lawsuit in court.
It is important to note that under California law, discrimination or harassment administrative complaints must be filed with California’s CRD within 3 years of the date of the incident; once you receive a right to sue letter from the CRD, you have 1 additional year to file a lawsuit with the California courts. As for federal claims, these must be filed within 180 days of the incident, but this may be extended to 300 days to file your charges with the U.S. Equal Employment Opportunity Commission (EEOC). It is advisable to file a claim as soon as possible after the discrimination or harassment occurs in order to not miss these deadlines.
Furthermore, to properly file a complaint, claim or case, it is in your best interest to seek legal consultation from UELG wrongful termination lawyers, who will navigate the legal options available to you for wrongful termination in California.
The legal actions to take if you are being wrongfully terminated in California:
- Get Legal Guidance Quickly: A California employment law lawyer can examine the facts underlying your termination and provide you with potent legal action advice.
- Documenting Wrongful Termination: Detail the circumstances that led to your termination. Gather documentation, including emails, performance assessments, or witness testimony, to make a compelling case for wrongful termination in California.
- Review Termination Terms in your Job Contract: If your termination violates contractual conditions or implicit obligations, you likely have a strong basis for taking legal action under California employment laws and other California laws.
- Complaint with the Labor Board: File an allegation with the appropriate California or federal regulatory body or Court.
- Explore the Choices for Bargaining, Negotiating, or Settlement: An experienced wrongful termination lawyer in Los Angeles can negotiate with your former employer to reach an agreeable settlement, thereby avoiding lengthy court proceedings in California.
Contact UELG to initiate your wrongful termination and discrimination case swiftly.
If you feel you were wrongfully terminated for an illegitimate cause, you have the right to seek compensation. UELG’s wrongful termination attorneys are well-versed in California’s wrongful termination laws (including the statute of limitations), the state’s employment statutes, rules and regulations, are knowledgeable about the various courts, and also what it takes to win an employment law case. We commit ourselves to servicing California employees and have collected many successful settlements and compensation payouts for our clients. Choose a skilled wrongful termination lawyer in Los Angeles if you want to take charge of the options available to you for compensation for wrongful termination in California.
Conclusion
Being wrongfully terminated from employment in California for any reason, especially termination due to prejudice or retaliation, can be an unpleasant experience. There are federal and state labor laws in place which safeguard workers, and when employers violate those rules, workers may hold them responsible by bringing a wrongful termination lawsuit against them. Suing an employer for wrongful termination may be a tough approach, and thus workers should consult with an employment attorney at UELG at (888) 545-0013. A wrongful termination lawyer in Los Angeles focuses on wrongful termination lawsuits and can help you get the compensation you deserve.
