June 14, 2022
Unjustified dismissal or wrongful termination is a problem that happens quite frequently in companies. The problem is so common that government departments are dedicated to reviewing and regulating this type of action, such as the Equal Employment Opportunity Commission (EEOC). However, there are certain things to consider if you find yourself in this situation.
#1 At-will employment is not an excuse for wrongful termination
California is an employment-at-will state, which means that an employee has the ability to fire an employee at any time. However, there are regulations in place to prevent people from being fired for discrimination. For example, an employer cannot fire an employee because of race, gender, or age or as part of retaliation if the employee complains or reports unethical behavior.
#2 Go to the EEOC
To file a wrongful termination claim, you need to go to the EEOC. State and federal law allow 180 days from termination for an employee to file a complaint with the EEOC. Once the corresponding claim is made, the EEOC will follow up on it and validate it. After this, the employee will be given the green light to sue, which may result in restitution and/or monetary compensation.
#3 Get help from experienced lawyers
Wrongful termination and discrimination cases are complicated. The paperwork is extensive, there are statements to coordinate, and you have to look for evidence that helps the accusation of discriminatory behavior. However, getting legal help can mean getting compensation for:
- Recovery of lost wages
- Court costs and legal fees
- Damages for pain and suffering
- Possible punitive damages
Contact “For All Workers” for help with your wrongful termination case.
