Employees who have been wrongfully terminated from a job have legal recourse. They can file a wrongful termination claim to sue for damages, to be reinstated in their position, or to secure another resolution. Depending on the employee’s position and work situation, the procedures for filing vary.
For Any Wrongful Termination Claim, Document Everything
Employees can prepare for submitting a claim by compiling evidence and documenting relevant information. This information includes:
- Dates of employment, when they were hired and fired
- Performance evaluations
- Disciplinary actions
- Communication with the employer about their termination
- Statements from colleagues who may serve as witnesses
- Other relevant communication, such as with Human Resources (HR)
Employees should also review the company termination policies. If employers did not comply with the policy, exposing these violations could strengthen the claim.
File a Complaint With the Relevant Office
Employees usually have to file a complaint with the appropriate office before proceeding with a civil lawsuit.
Discrimination
The Equal Employment Opportunity Commission (EEOC) prohibits employers from discriminating against employees based on race, color, religion, sex, sexual orientation, national origin, age, disability, or genetic information. The California Civil Rights Department (CRD) recognizes additional protected classes, such as those with medical conditions, including pregnancy.
Employees fired because of pregnancy or based on other acts of discrimination can file with the EEOC and/or the CRD. These offices may work to resolve the claim through mediation. If that is not possible, they can issue a “right-to-sue” notice allowing the employee to proceed with a civil lawsuit.
Retaliation
California has several laws in place to protect employees from retaliation, including retaliatory termination. These laws include California Labor Code (LC 1102.5), the California Whistleblower Protection Act, the Fair Employment and Housing Act (FEHA), and others.
Employees fired in retaliation for exposing violations in workplace safety, for reporting harassment or misuse of government money, for taking medical leave or applying for workers’ compensation, or for other reasons may have grounds to file a complaint.
Breach of Contract
California is an “at will” employment state, meaning employers or employees can end a working relationship at any time without penalty. Still, if an employee contract sets parameters for termination, the employer cannot break that contract.
This principle applies to written, oral, and implied contracts. How to proceed with filing a complaint or lawsuit depends on case-specific factors. An attorney can provide direction.
Violations of Public Policy or the WARN Act
Terminations resulting from an employee’s refusal to comply with an employer’s order to break the law or for punishing employees for exercising their rights are examples of violations of public policy. Examples include employees who refuse to engage in price fixing or who serve their jury duty. The specific violation determines where and when to file the complaint.
The WARN Act protects some employees from mass layoffs. Employers must give at least 60-days’ notice of termination. Complaints for WARN Act violations resulting in wrongful terminations should be directed to the Department of Industrial Relations.
When to File Claims for Wrongful Terminations
Each office imposes a deadline for filing complaints. Some deadlines can be as short as 180 days. Working with a Los Angeles wrongful termination lawyer is the best way to ensure the complaint reaches the correct office by the established deadline.