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How to sue wrongful termination in California?
If you have been wrongfully fired, you can demand your dismissal. The wrongful termination claim is a complicated and demanding process that needs the support of an experienced lawyer in the matter. This article will help you learn the steps to successfully sue for wrongful termination in the United States.
What is a wrongful termination?
Wrongful termination is when an employee is terminated without just cause. If you were wrongly fired, you can sue your former employer. Wrongful termination lawsuit is the legal process used to sue an employer for terminating you without reason.
When is it considered to be a wrongful termination?
If you want to file compensation for wrongful termination, you can consider making a claim in the following situations:
- Sexual harassment: sexual harassment is illegal and so is firing an employee to report it.
- Discrimination: federal law prohibits employers from discriminating against workers because of their race, color, national origin, gender, pregnancy, religion, age, genetic information, and disability.
- Retaliation: there are laws that protect employees from retaliation for exercising their right to report or complain about problems in the workplace such as discrimination or harassment, workplace injuries, safety violations, wage violations, among others.
- FMLA Violations: laws protect eligible employees from being fired while on family or medical leave. Under the Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks of leave each year to care for the serious health condition of an immediate family member or a bond with a newborn.
- Wage and hourly disputes: if an employee was fighting over unpaid wages, bonuses or overtime and was fired, this is a form of wrongful termination.
- Violations of Americans with Disabilities: the ADA makes it illegal for an employee to be fired for taking disability-related leave.
If you were fired for any of the reasons stated above, you may have the right to seek compensation for the losses you suffered as a result of your dismissal.
Compensation for sue wrongful termination
The payment you receive for wrongful termination will vary depending on the circumstances of your situation and the damages you suffered. You may be eligible for the following forms of rewards:
- Loss of wages: not only because of the wages you lost while you were out of work, but also because of the difference between your old and new wages if you find a job that pays less.
- Lost benefits: this includes increases in health insurance premiums as a result of losing your former employer sponsored insurance.
- Medical expenses: due to changes in medical coverage and also for the treatment of emotional distress or other effects of your dismissal.
- Punitive damages: this applies to employers who engaged in highly malicious discriminatory actions.
What are the steps to sue wrongful termination?
To sue wrongful termination, you must first consult a California employment law attorney. Your attorney will guide you through the process and help you prepare your claim. Your lawyer can also help you determine if your dismissal was unjustified and, if so, can represent you in labor court to claim compensation for the damages caused.
If you decide to demand wrongful termination, you must take the following steps:
-Consult a California labor law attorney.
-Prepare the dismissal demand together with your lawyer.
-Present the claim before the Labor Court.
-Accusing your former employer for having fired you without reason.
If you were unjustifiably fired and wish to file a lawsuit, please contact us using the following form:
You can also communicate through (909) 319-7103 / 1 (800) 559-7170, visit us at 228 West C Street Ontario CA 91762 or send us an email explaining your case to info@sleeplessattorney.com
