If you have been a victim of wrongful termination in California, you can pursue a claim against your employer. Here we will discuss 5 tips for winning your California wrongful termination claim. You will need to ensure you gather evidence and documentation to support your claim, so you can get your claim on the right track and recoup your losses.
Tip 1: Document Everything
Be sure to document any evidence and all instances of discrimination, retaliation, and so forth. Keep copies of any memos, messages, texts, and photos. Some evidence that can be helpful, include photos, videos, and witness statements.
Tip 2: File in A Timely Manner
There is a statute of limitations, which is a time limit for pursuing a claim against your employer after wrongful termination. To file your claim with the Department of Fair Employment and Housing, you have only two years from the date of the incident. To file a claim with the Equal Employment Opportunity Commission (EEOC), you only have 180 days from the date of the incident. If you miss the deadline, your claim will be dismissed, and you cannot be compensated.
Tip 3: Meet CA Wrongful Termination Laws
Make sure you meet the criteria of any California wrongful termination laws. Your firing must have been illegal. That means you must have been terminated because of discrimination, retaliation, or it must be a breach of contract. You will need to prove that you were terminated for one of these reasons and provide evidence to back up your claim.
Tip 4: Gather Evidence to Support Your Damages
You will need to prove the extent of your damages, and which damages you suffered because of being wrongfully terminated. You should gather paystubs, fees for finding a new job, and proof of any missed benefits, such as insurance.
That means you will need to show that you had to pay medical expenses and other costs associated with medical care and so forth without the insurance coverage you had through your plan. You may also be able to recover compensation for mental anguish depending on the circumstances surrounding your California wrongful termination claim.
Tip 5: Speak with A Wrongful Termination Lawyer
If you have been a victim of wrongful termination in California. You should get all your supporting evidence and documentation in order and give it to an attorney for review. An attorney can determine if you have a claim, and if so, the value of your claim. A lawyer can work to resolve a claim, negotiate a settlement, and if your claim advances to court, represent you in court.
Be sure to discuss payment options with an attorney. While some lawyers take employment law matters on a contingency basis, there are some that require a retainer to be paid in advance then charge an hourly rate. With an attorney, you are more likely to have a successful wrongful termination claim in California. Fill out a Free Case Evaluation today to get in touch with an independent, participating attorney who subscribes to the website.
Additional Resources
- How to Know If You Were Illegally Fired
- Employment Law Trends in 2023
- Employment Law Attorney in California
- Filing A Workplace Discrimination Claim in California
- Can I Sue for Wrongful Termination in California?
- Filing a Wrongful Termination Claim with the California Labor Board
