Unlawful termination occurs when an employer fires or otherwise displaces an employee without just cause. Examples of such illegal motivations include discrimination or harassment in violation of Title VII of the Civil Rights Act of 1964, retribution in violation of the False Claims Act, and other actions in violation of federal, state, or local law.
Consult a wrongful termination lawyer in California for guidance on when, where, and how to bring a claim. How and why you lost your job will be a major factor here. To sue your employer for breaking the terms of your employment contract, for instance, you would use a civil court, either a state or federal one. If your unlawful termination was the result of discrimination, you can file a claim for damages with the (the Equal Employment Opportunity Commission)EEOC or a similar state agency.
- The EEOC Will Look Into Your Claim – You will be able to take further legal action against your employer if the agency accepts your claim as legitimate. Your wrongful dismissal lawyer can utilize the EEOC’s self-assessment tool to determine whether filing with the organization is suitable for your situation. Your lawyer will assist you in drafting your complaint. The official notification will subsequently be delivered to your previous employer. The notification must be submitted to the court clerk following service.
- After Filing Documentation, The Lawsuit Will Begin – Before a matter arrives at trial, there is a “discovery” procedure in which one party must exchange any relevant papers and evidence with the other. Discovery can take the form of questions and answers, or it can take the form of relevant documents that will be presented as evidence during the trial.
- Discovery Involves Additional Deposits – Each side will have the opportunity to question the other and any witnesses. Participants in such depositions are required to testify truthfully under oath. During trial, attorneys on both parties will have access to transcripts of recorded depositions taken by a court reporter.
- Wrongful Termination Lawsuits Usually Settle Out Of Court – Some cases may proceed to trial. Before accepting a settlement offer or any form of agreement, you should take the advice of your wrongful termination attorney.
How To File A Discrimination Claim Against Employer?
You should consult a lawyer before filing a claim. The circumstances surrounding your firing will determine whether you have a case for wrongful termination. Retaliation and discrimination are common causes of unlawful termination. To file a lawsuit against a private, state, or federal employer, you must follow some specific rules. The Equal Employment Opportunity Commission (EEOC) and the California Department of Fair Employment and Housing investigate and resolve discrimination complaints.
Get Help From Our Knowledgeable Wrongful Termination Attorney
If you were unlawfully transmitted from your job or if your employer’s discriminatory or harassing behavior led to unlawful termination, it is essential that you contact an experienced wrongful termination lawyer in California who can help you protect your legal rights and obtain maximum compensation for your losses. Contact Southern California Employment Law Group PC at (424) 688-1057 for a free consultation and thorough evaluation of your case.