Wrongful termination occurs when an employee is fired in violation of the law or an employment contract. If you believe you have been wrongfully terminated, it is important to consult with a Los Angeles, CA wrongful termination lawyer to understand your legal rights and the various options available to pursue a claim. Wrongful termination can take many forms, from discrimination and retaliation to breaches of contract, and employees have several legal avenues to address these issues. Contact Seber Bulger Law to discuss your legal options.
Filing A Complaint With A Government Agency
One of the first steps in addressing wrongful termination is to file a complaint with the relevant government agency. The type of agency you approach will depend on the nature of the wrongful termination:
- Equal Employment Opportunity Commission (EEOC): If your termination was based on discrimination (e.g., race, gender, age, disability, religion, or national origin), you can file a charge with the EEOC. The EEOC investigates discrimination claims and has the authority to take enforcement actions, including filing lawsuits on behalf of employees if necessary.
- State Labor or Employment Agencies: Many states have agencies that handle labor disputes and wrongful termination cases. For example, California has the Department of Fair Employment and Housing (DFEH), which handles complaints about discrimination and wrongful termination within the state.
- Occupational Safety and Health Administration (OSHA): If you were terminated for reporting workplace safety violations, OSHA may be able to assist you. OSHA enforces regulations that protect employees from retaliation for whistleblowing about unsafe working conditions.
Filing a complaint with these agencies is often the first step required before pursuing a lawsuit. These agencies typically have a statute of limitations, which means there is a limited time to file a complaint (e.g., 180 days from the date of termination under federal law for discrimination cases).
Filing A Lawsuit
If the government agency investigates your claim and finds merit, they may help you pursue a lawsuit. However, you can also directly file a lawsuit for wrongful termination in state or federal court. Common claims for wrongful termination that may lead to a lawsuit include:
- Discrimination: If you were terminated based on your race, sex, age, disability, religion, or other protected characteristic, you may have grounds for a discrimination lawsuit under federal laws such as the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA).
- Retaliation: If your termination resulted from retaliation for engaging in protected activities (e.g., reporting illegal activities, filing a workers’ compensation claim, or participating in an investigation), you may be entitled to compensation. Retaliation is prohibited under various federal and state laws.
- Breach of Contract: If your employment was governed by a written contract or collective bargaining agreement that outlines specific terms for termination, firing you in violation of those terms may constitute a breach of contract. This may provide a basis for a wrongful termination claim.
- Violation of Public Policy: Some states allow wrongful termination claims based on violations of public policy, such as firing someone for serving on a jury, refusing to engage in illegal activities, or taking leave for a family emergency. If your termination violated public policy in your state, you could sue for wrongful termination.
Seeking Damages
If you successfully prove that you were wrongfully terminated, you may be entitled to various forms of compensation. The damages you can seek depend on the circumstances of your case, but they typically include:
- Back Pay: Compensation for lost wages from the time of termination to the resolution of the case.
- Front Pay: If reinstatement to your job is not feasible, you may be awarded front pay for the wages you would have earned in the future had you not been terminated.
- Compensatory Damages: These damages are intended to compensate you for the emotional distress, pain, and suffering caused by the wrongful termination.
- Punitive Damages: In cases of particularly egregious misconduct (e.g., retaliation or intentional discrimination), punitive damages may be awarded to punish the employer and deter similar behavior in the future.
- Attorney’s Fees: In some cases, the court may order the employer to pay for your legal fees if you prevail in your wrongful termination lawsuit.
Negotiation Or Settlement
Before taking your case to trial, many wrongful termination claims are resolved through negotiation or settlement. Employers may offer a settlement to avoid the time and expense of litigation. A lawyer can help you negotiate a fair settlement that compensates you for lost wages, emotional distress, and other damages. Often, settlements will include non-disclosure agreements (NDAs) or non-compete clauses, so it is important to fully understand the terms before agreeing to a settlement.
Let Us Fight For You
If you suspect you have been wrongfully terminated, consulting with a wrongful termination lawyer is crucial. Your lawyer can help assess your case, gather evidence, file complaints, and guide you through the legal process. They can also provide valuable advice about whether a lawsuit is the best course of action or if a settlement might be more appropriate.
Call Seber Bulger Law today to schedule a confidential consultation and learn about your legal options.