Wrongful Termination California_

Wrongful Termination California

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What Are The Odds Of Winning A Wrongful Termination Lawsuit In California?

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How Hard Is It To Win A Wrongful Termination Lawsuit?

Wrongful termination lawsuits are generally difficult to win, but the definition of “winning” can vary. If winning means succeeding at trial, chances are low with only 5-25% of employment cases being successful. However, if winning means obtaining compensation for your case, the odds are in your favor. Over 90% of wrongful termination cases are settled, resulting in some form of monetary compensation. Therefore, if receiving monetary compensation is considered winning, the chances of winning are high. Most lawyers consider wrongful termination claims to be challenging cases, but with the help of a skilled employment lawyer, you can potentially recover damages for your case.

How Long Does A Wrongful Termination Case Take?

It’s common to encounter individuals who believe they have been wrongfully terminated but are unsure if pursuing legal action is worth it. They often question the likelihood of success in such cases and the amount of compensation they may receive. However, their primary concern is often the duration and inconvenience of the legal process.

Regrettably, legal cases generally consume a considerable amount of time. The length of time for wrongful termination cases depends on the individual, the case, and the employer involved. However, it is reasonable to assume that a wrongful termination lawsuit could take at least a year to resolve.

California Laws That Protect Against Wrongful Termination

Knowing the laws in California that govern when an employer can terminate an employee is essential in determining if you have been wrongfully terminated. Along with the federal laws, the state of California has its own statutes that outline the circumstances under which an employer can and cannot fire an employee. By familiarizing yourself with these laws, you can determine if you have been wrongfully terminated and take appropriate legal action.

  • California Is An “At-Will” State

The state of California follows the principle of “at-will” employment, giving employers the right to fire their employees for any reason or no reason at all. However, this does not give employers the right to terminate employees based on discrimination, harassment, or retaliation. If an employer’s decision to terminate an employee infringes on their civil or employment rights, it may be considered wrongful termination.

  • You Must Be An Employee

In California, if you want to file a claim for wrongful termination, you need to be classified as an employee rather than an independent contractor at your workplace. Independent contractors work for themselves, not the employer or client, and are not considered employees by law. Generally, the law considers someone an employee if they work under the supervision and control of an employer. However, in some instances, an employer may wrongly classify their workers as independent contractors to avoid responsibilities. If you suspect that your employer has misclassified you, you may still be able to file a claim against them.

  • Employers Cannot Fire You For Unlawful Reasons

Although California follows at-will employment laws, which generally allow employers to terminate employees for any reason, there are certain situations where it is considered illegal to fire an employee. Such scenarios include firing someone based on their race, gender, sex, disability, religion, or political affiliation, as these individuals are part of protected classes. Unlawful termination also occurs if an employee is fired for requesting time off, taking medical leave, or taking leave under the federal Family and Medical Leave Act. Additionally, firing someone for reporting a violation of the law or for reasons that violate public policy is also considered an example of wrongful termination under California law.

  • Breach Of Contract Could Be Wrongful Termination

Employees in California may not always be subject to the state’s at-will employment laws. Contracts between employers and workers may restrict an employer’s power to terminate a worker at will. If an employer fires an employee without a valid reason, the employee may be able to claim wrongful termination. An employer may have legal grounds to fire a contracted employee if the employee has willfully broken a contract, regularly neglected their job duties, or is unable to carry out their duties. Contracts may be either verbal or written, and both are recognized under California state laws.

  • You Have The Right to Speak To An Employment Lawyer In California

If you’ve been terminated from your job, it’s important to seek legal advice from a lawyer right away to protect your rights. The consequences of losing your job can be significant, both personally and professionally. By consulting with a wrongful termination attorney in California, you can obtain crucial information about your case and learn what actions to take. Depending on the strength of your evidence, you may be entitled to compensation and possibly even reinstatement. Contact Wrongful Termination California by calling (888) 301-9971 to schedule a consultation.

The Time to Act is Now 

 

Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for being fired for unlawful reasons.

Complete The Form Or Call – (888) 301-9971

How Long Can A Wrongful Termination Case Take In California?

  • Filling The Charges 

When you want to file wrongful termination charges, the first step is to submit a Charge Of Discrimination to the U.S Equal Employment Opportunity Commission (EEOC). This is an official document where you accuse your workplace of discrimination. It’s essential to file a Charge Of Discrimination before filing a wrongful termination case. The EEOC will investigate your claim, and this may take about ten months. If your employer refuses to respond to the charges, they will have to file a subpoena, which can extend the investigation time.

The EEOC will try to resolve your case, and this can involve interviewing the employer and other employees, collecting evidence, and investigating the claim. The duration of the investigation depends on the specific type of wrongful termination case you bring forth and can take between 60 and 180 days. If you file under Title VII, the EEOC has up to 180 days to resolve the case on their own before you can file criminal charges. You will need a notice of right to sue before you can move forward with this kind of case. This notice can be issued by the EEOC within 180 days.

If you file under the Age Discrimination in Employment Act, you can move forward with your suit 60 days after submitting the Charge Of Discrimination, and you don’t need a notice of right to sue. If you find all of this overwhelming, don’t worry, your lawyer can help you through the process.

  • Discovery 

Discovery is a critical aspect of a wrongful termination case, and it can be a lengthy process. During this phase, both the plaintiff and defendant have an opportunity to gather all the necessary information to support their case, such as documents, interviews, and other forms of investigations. If witnesses are involved, both parties must interview them. Each party has a maximum of 30 days to respond to each request, and they may also request extensions, which can further extend the process. The experience of your lawyer will greatly affect the length of time it takes for a wrongful termination case to reach a settlement during this phase.

Why Do Employment Cases Take So Long To Settle?

There are various factors that can impact the length of time it takes for a wrongful termination case to settle in court, with the average time in California being one to three years. The complexity of the case, whether it goes to court, the experience of the lawyers on both sides, the court’s backlog, and the responsiveness of the former employer are all factors that can affect the duration of the case. However, it is important not to be discouraged by the potentially lengthy process and to seek justice for any unlawful behavior, such as discrimination, sexual harassment, or retaliation. Remember that the law is on your side, and seeking help from a specialist can aid in making the next steps in your case.

What Happens If You Win A Wrongful Termination Case?

If you reach a settlement in a wrongful termination case, you will receive compensation for the damages caused by your unlawful termination. If you win your case in court, you will receive not only damages but also attorney’s fees from your former employer. Typically, employment lawyers work on a contingency fee basis, which means they take a percentage of your winnings, usually around 33-40%, and cover the litigation costs upfront, including filing fees and deposition costs. If you settle or obtain a verdict at trial, your attorney will take the amount of fees and costs they fronted out of your settlement. However, if you win at trial, the employment statutes have fee-shifting provisions that shift the burden of your attorney’s fees and costs from you to your former employer, which can significantly increase the compensation you receive.

How Does A Wrongful Termination Lawsuit Pay?

Settlement amounts for employment law cases are typically not high due to the easily defined nature of the damages. The primary determinant of damages in such cases is back pay, which is the amount of money lost due to discrimination or other employment violations. For example, if a person who earns $40,000 per year did not work for a year due to unlawful termination, they are entitled to $40,000 in back pay. Other types of damages in employment cases include punitive damages, emotional distress damages, lost benefits, front pay, and attorney’s fees, but these are usually reserved for more egregious cases such as sexual assault. Employment cases can be difficult to prove, and often result in he said/she said situations, leading companies to offer settlements to make the case go away. The average settlement award for employment cases is around $40,000, but it is important to consult with an employment lawyer if you believe you have been wrongfully terminated, as most employment lawyers offer free consultations and work on a contingency fee basis. This means that their services will be free unless they recover compensation from the employer.

The Time to Act is Now 

 

Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for being fired for unlawful reasons.

Complete The Form Or Call – (888) 301-9971

What Is The Statute Of Limitations For Wrongful Termination In California?

The time limit within which a claim for wrongful termination can be filed in Los Angeles is primarily determined by the particular type of legal claim being pursued. It is essential to be aware of the deadline for filing your claim, but only an experienced employment lawyer can provide you with accurate information. Below are several typical legal claims related to employment in California.

  • Breach Of Implied Contract

Were you in a situation where there was an implied employment agreement with your previous employer according to Cal. Civ. Code § 1621? Did your employer violate that implied contract by terminating your employment? If so, you should be aware that there is a restricted period within which you can file a wrongful termination claim.

  • Violation Of Public Policy

In California, you could have a basis for filing a wrongful termination claim if you were terminated for a violation of public policy. However, such claims based on public policy can be complex. Essentially, these claims assert that California state law safeguards employees from being fired for certain reasons. For instance, if an employee in Los Angeles was dismissed for refusing to engage in an illegal act, they might have a wrongful termination claim grounded on public policy.

  • FEHA Retaliation

FEHA is a California state law that safeguards employees from a variety of discriminatory practices. If an employee was dismissed or laid off in breach of FEHA due to discriminatory motives, they have the option to file a wrongful termination claim. FEHA provides protection against retaliation for many employees in California. If you were terminated for taking part in a safeguarded activity, such as reporting discrimination or sexual harassment, you have the right to pursue a wrongful termination claim.

  • Violation Of WARN Act

The federal law called the Worker Adjustment and Retraining Notification (WARN) Act mandates that employers with 100 or more employees, not including part-time workers, must provide a minimum of 60 calendar days advance notice for plant closures or mass layoffs impacting 50 or more employees at a single worksite. The time limit for filing claims related to violations of the WARN Act is more stringent.

  • Whistleblower Retaliation And Sarbanes-Oxley Act

The Sarbanes-Oxley Act is a US federal law that was enacted in 2002 following some prominent corporate and accounting scandals, including Enron and WorldCom. The law seeks to enhance financial reporting and corporate governance. Importantly, the law shields employees involved in whistleblower activities. It is advisable not to delay taking action as there is a possibility of facing issues with the time limit for filing claims. If you believe you have a claim, it is recommended that you seek the advice of a competent employment attorney in Los Angeles immediately after being terminated, laid off, or discharged by your employer.

Get Legal Help Today!

The team at Wrongful Termination California is dedicated to helping you succeed in your wrongful termination case in California. Our experienced and knowledgeable employment lawyers have assisted many clients in recovering damages and receiving justice for their wrongful termination allegations.

We understand that being wrongfully terminated can be a stressful and daunting experience. Therefore, we offer personalized legal services and collaborate closely with our clients to construct a robust case strategy tailored to their individual circumstances.

Our team is well-versed in California’s intricate employment laws, including FEHA, Sarbanes-Oxley Act, WARN Act, and other pertinent laws.

With our assistance, you can rest assured that your legal matter is in competent hands. We will fight for your rights and work to secure the maximum compensation you are entitled to under the law, such as lost wages, emotional distress, and punitive damages.

Do not delay in seeking the justice you deserve. Contact Wrongful Termination California now for a complimentary consultation to discuss your case and discover how we can help you triumph in your wrongful termination lawsuit.

The Time to Act is Now 

 

Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for being fired for unlawful reasons.

Complete The Form Or Call – (888) 301-9971

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