Being terminated from your job can be a shock, especially if you believe it was done without just cause. In California, job protections ensure that wrongful termination can be challenged and there are remedies. Here's a step-by-step guide to help you navigate this difficult situation.

Step 1: Identify Wrongful Termination

First, you need to determine if your termination falls under wrongful termination. Wrongful termination occurs when an employer fires an employee for reasons that are illegal or violate public policy, such as retaliation, discrimination, or breach of contract. Consider if your termination was linked to any of these issues, for example:

• Discrimination based on race, gender, age, religion, disability, or other protected class.
• Retaliation for reporting harassment, legal violations, or safety concerns.
• Violation of employment contract terms or employer policies.
• Termination after exercising your legal rights, like voting or jury duty.

Step 2: Review Legal Protections under California Law

California has strict employment laws to protect workers from wrongful termination. Here are some key legal frameworks:

• California Fair Employment and Housing Act (FEHA): Prohibits discrimination and harassment in employment.
• Whistleblower Protections: Protects employees who report or oppose illegal activities or violations.
• California Labor Code Section 1102.5: Prohibits employers from retaliating against employees who report or oppose violations of the law.
• California Education Code Section 44110 et seq.: Prohibits public schools from retaliating against employees who report or oppose improper governmental activity.

Step 3: Document Everything

Keep detailed records of incidents leading to the termination, including emails, performance reviews, and any communication with your employer. This documentation will be crucial if you need to file a claim.

Step 4: Seek Legal Advice

Contact an employment attorney who specializes in wrongful termination cases. They can help you evaluate the legality of your termination and discuss possible remedies.

Step 5: File a Claim

If your attorney advises proceeding with a claim, you can file a complaint with the California Civil Rights Department (CCRD) or the Equal Employment Opportunity Commission (EEOC) depending on your case specifics.

Timelines are important: generally, you have three years from the date of termination to file a claim with CCRD and you have 180 days to file a claim with EEOC.

Step 6: Understand Potential Remedies

If successful, wrongful termination claims may result in various remedies, including:

• Reinstatement to your former job.
• Monetary damages for lost wages and benefits.
• Emotional distress and punitive damages.

Conclusion

If you believe you have been wrongfully terminated, taking immediate steps and understanding your rights is crucial. While it can be an overwhelming situation, California law offers considerable protection and remedies to support employees. Act decisively, protect your rights, and seek expert advice to navigate the next steps effectively.

The attorneys at Trygstad, Schwab & Trygstad are here to help you navigate these steps to a favorable outcome. Contact us today.