What You need to Know About Wrongful Termination

Generally, California is an at-will employment state. This means that either an employer or employee may terminate the employment with or without cause. However, this does not mean that an employee can be terminated for any reason the employer wants and California employment law lawyers know this to be true.

Employment cannot be terminated for certain protected reasons—such as age, gender, disability, race, religion, or other protected statuses. You also cannot be terminated if you work in the civil service system. Well, it is very difficult to be fired if you work for a public agency, the government, in civil service and what not. This is why many people who are not that focused, ambitious, confident, or hard workers choose to work for the government. Have you see the show The Wire? In season one and two they illustrated how lazy some police officers are. They know they could not be fired and so they did nothing all day, not any real police work.

That is just one of the many reasons cities in America do not function well because of totally unimpressive city employees. This does not happen in the private sector this is why companies are profitable and more efficient than public agencies.  

Moreover, if employees have been terminated for these reasons, they have the right to sue their former employer by filing a claim for wrongful termination that is based on discrimination.

Some statistics report that over 50% of lawsuits that are related to employment involve discrimination. In 2014, more than 6,000 wrongful termination claims were filed in California by California employment law lawyer and some LA employment law lawyers too. This accounts for more than 7% of all wrongful termination claims in the nation.

Statute of Limitations

In California, there are two different sets of law for discrimination claims, namely:

• Civil Rights Act of 1964—specifically, that act’s as Title VII.
• California’s Fair Employment and Housing Act.

Depending on which laws enforced by the employee, the statute of limitations will vary.

Under Title VII, the statute of limitations is 180 days after the alleged discriminatory act took place. However, if authority to grant or seek relief from the unlawful practice is given to a state or local government, the employee may file a charge with the California Department of Fair Employment and Housing within 300 days of the alleged discriminatory act. So, for most employees to initiate a Title VII action, the statute of limitations is effectively 300 days in California.

If the state or federal agency does not resolve the claim, the employee will be issued a right-to-sue letter. This means that the employee has a right to file a civil action in court against the employer for violations of Title VII. After the issuance of the right-to-sue letter, 90 days are given to the employee to file a Title VII action in court.

Remedies Available to Wrongful Discrimination Victims

Victims of wrongful termination are generally entitled to both punitive and compensatory damages, unless the employer’s breach of contract is the sole basis of the wrongful termination. Judgments can vary a lot from case-to-case for employees that have been the victim of wrongful termination, but in most cases, settlements for wrongful termination exceed $40,000. A California employment law attorney will be needed.

Harking back to The Wire example which focused on some of the pitiful police officers in the Baltimore Police Department, even if you sued those lazy cops for not arresting anyone for weeks or not doing anything for days, they could sue for wrongful termination. What is wrong with that situation? California is no different. There are hundreds and hundreds of government employees that should be fired for being totally unproductive and therefore selfish. But the system protects them.

With compensatory damages, the employee is compensated for the harm caused by the termination. The fact that the employer could not have anticipated some of the damages does not matter. This type of damages falls under two categories – general damages or special damages and LA employment law lawyers know about both.

Compensation for injuries, where an exact amount cannot be calculated (e.g. emotional distress), is obtained through general damages. Employees are entitled to interest for compensatory damages dating back to the wrongful termination date.

Unlike other kinds of damages, employees are granted punitive damages to punish the wrongdoer. So there are cases where employees can receive damages greater than those that were actually suffered. Employees are granted punitive damages in cases where the employer was guilty of fraud, malice, or oppression.

There are also cases where employees may be reinstated to their former position. They may also be entitled to compensation for court costs and California employment law lawyer fees and so forth.

Not sure how to go about this? Know you need a lawyer but you cannot stand the phone book and not even sure if you have one and if you do where it is at? Go right here: Employment-Law.USAttorneys. No problem at all. Hire a legal representative and fight for your rights and your name!