Wrongful Termination Attorney in Ventura
Losing your job for any reason is a stressful experience. If your termination was illegal or done for unfair reasons, you can seek justice and recover compensation in court. Any firing or layoff that involves an employer violating the law is called wrongful termination, and it can lead to serious consequences.
Wrongful termination lawyers walk you through the process of filing a wrongful termination claim. When you work with Skinner Law Corp, our attorney will guide you through your wrongful termination case, helping you gather evidence, file paperwork, and get the outcome you deserve. Wrongful termination cases can be overwhelming, but the process is well worth it in the end.
Please don’t hesitate to reach out if you have been unfairly terminated. Call 310-356-0074 for a consultation about your case.
What is Wrongful Termination?
Wrongful termination occurs when a worker is fired or laid off for unfair or illegal reasons. Although California is an at-will state, meaning that employers can fire employees for any reason, individuals cannot be fired if that reason is illegal. Discrimination, harassment, and retaliation are the most common examples of illegal firing or layoff.
There are also some exceptions to at-will employment. For instance, if you have an employment contract that sets the duration and terms of your employment, you are not an at-will employee. Many employment contracts can be enforced in court.
An implied contract may also prevent you from being classified as an at-will employee. An implied contract is an agreement based on things your employer said or did. However, these types of contracts can be more difficult to uphold because they often lack physical proof. The duration of your employment, your positive performance reviews, and your assurances of long-term employment can all be used as evidence of an implied contract.
How Do You Know If You Have a Wrongful Termination Claim?
California law specifies that employers are prohibited from firing employees for illegal reasons. Although you may still be an at-will employee, you have rights under employment law. You may have a wrongful termination case if you were let go under the following circumstances:
Discrimination
Discrimination involves treating an employee differently because of their race, religion, age, gender, sexual orientation, political belief, or other protected characteristic. If you were fired because of discriminatory reasons, it is very likely you have a wrongful termination case.
Protected Absences
You have the right to take family or medical leave under FMLA, serve on a jury, and more. If you were fired because of a protected absence, you may be able to hold your former employer accountable.
Retaliation
Whistleblowers who report their employers for illegal activity cannot be fired, and employees who refuse to commit an illegal act at work also cannot be fired. Retaliation is taken very seriously under employment law.
Constructive Discharge
Failing to correct hostile work conditions may force an employee to resign. If you left your position because your employer created or would not fix hostile conditions, the court sees this as wrongful termination.
What Should You Do If You Are Wrongfully Terminated?
Getting let go from your job is stressful, no matter what. If you think you’ve been wrongfully terminated, there are a few steps you need to take immediately to protect your rights and begin seeking justice, including:
Collect Evidence
Documentation is key when pursuing a wrongful termination lawsuit. Write down any incidents related to your wrongful termination that you think might be relevant, like harassment or discrimination. Ask for statements from witnesses who saw any of this behavior. If there is anything you think might be relevant to your case, write it down and make several copies.
File a Complaint
The U.S. Equal Employment Opportunity Commission (EEOC) handles employment-related complaints. If you are wrongfully terminated, you have 180 days to file a complaint and get the process started. Our wrongful termination lawyer can help you through the complaint process so you don’t miss any deadlines.
Stay Off Social Media
While it may be tempting to seek comfort from friends, posting about your firing or discriminatory treatment can backfire. Your employer’s legal team will likely look through your posts to find evidence they can use against you. Even seemingly innocent posts can be twisted to make you look bad.
Contact a Wrongful Termination Attorney
The sooner you speak to a legal professional, the sooner you’ll know how to handle your case. Our attorney will inform you of the best steps to take so you can protect your rights and get the outcome you deserve.
What is the Wrongful Termination Complaint Process?
It may be beneficial to file a complaint with the EEOC depending on when, where, and how you were fired. This department has its own investigators who will look into your claim and take action on your behalf. While the process varies depending on the specific circumstances of your case, there are certain steps that the EEOC will likely take.
After you file a complaint, you can expect the following:
- The EEOC will investigate your claim. If it finds that your complaint is valid, you can take action against your former employer. Our attorney can help you file the right paperwork to get the process started
- The litigation process begins. Before a case goes to court, it enters into discovery, where both sides provide evidence of their claims. You and your employer can provide documents, witness statements, and more
- Each side does a deposition. During depositions, each side can interview the other to get more information about what happened. They can also interview witnesses. Depositions will be entered into evidence and can be used at trial
- The case is resolved in or out of court. Most employment law matters are settled outside of court, which is cheaper and easier for both parties. However, there is always a chance your case will go before a judge, which is why it’s beneficial to work with a legal professional
Should You Hire a Wrongful Termination Attorney?
When you’ve been let go from a job for unlawful reasons, your next step should be hiring a wrongful termination lawyer. With help from a professional, you can navigate the legal system and hold your employer accountable for their wrongdoings. Employers are not allowed to fire anyone for discriminatory or retaliatory reasons. A wrongful termination attorney can help you seek justice and get compensation for any losses you have suffered.
Our attorney at Skinner Law Corp is here to investigate your case and uphold your legal rights. You deserve to be paid for what you have gone through. If you’d like to learn more about our services and receive an in-depth consultation about your case, please call 310-356-0074 today.