How to File a Wrongful Termination Lawsuit in California

Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 410 Arden Avenue, Glendale, CA 91203

If you’ve been unjustly fired and believe you have a wrongful termination claim, you may wonder how to file a wrongful termination lawsuit.

This detailed guide will walk you through each step of a wrongful termination lawsuit, from identifying whether you have a case to filing the necessary forms and meeting deadlines.

With the right approach, knowledge, and a skilled employment lawyer from Lawyers for Justice on your side, you can successfully navigate the legal system and seek justice for your employer’s unlawful behavior.

Identifying Wrongful Termination

Before exploring how to file a wrongful termination lawsuit, it’s essential to understand wrongful termination.

In California, wrongful termination happens when an employer unlawfully fires an employee for illegal reasons. These unlawful actions include discriminatory practices such as termination based on: race, gender, age, disability, or religion. It also includes retaliation, where an employer dismisses an employee for reporting illegal activities, filing a workers’ compensation claim, or exercising their legal rights.

Additionally, wrongful termination can occur when an employer breaches an employment contract or terminates an employee in violation of public policy.

Step-by-Step Guide to Filing a Wrongful Termination Lawsuit

Wrongful termination contravenes legal standards and significantly impacts an employee’s career and personal life. If you were affected, here are steps toward filing a wrongful termination lawsuit.

Determine If You Have a Case

The first step in filing a wrongful termination lawsuit is determining if you have a valid claim. Consider the following questions:

• Were you terminated due to discrimination (race, gender, age, disability, etc.)?
• Were you fired in retaliation for reporting illegal activities or exercising your legal rights?
• Was your termination a breach of an employment contract?
• Were you terminated for reasons that violate public policy?

If you answered yes to any of these questions, you might have grounds for a wrongful termination lawsuit.

Gather Evidence

Evidence is crucial in proving your wrongful termination claim. Gather all relevant documents and information, such as:

• Employment contracts,
• Emails and other employer communications,
• Performance reviews,
• Witness statements, and
• Documentation of the reasons for your termination.

A robust collection of evidence will strengthen your case and support your claims.

Consult a California Wrongful Termination Lawyer at Lawyers for Justice

Before proceeding with your wrongful termination case, consult a wrongful termination lawyer at Lawyers for Justice.

An experienced advocate has the skill and knowledge to assess your case’s merits and identify any legal violations that occurred. They also offer strategic advice about gathering and presenting evidence, making your case as strong as possible. Additionally, they will ensure you meet all necessary deadlines and file the appropriate paperwork.

A skilled lawyer can also represent you in negotiations with your former employer, aiming to reach a fair settlement without needing a lengthy court battle. And if your case goes to trial, they can advocate on your behalf, presenting a compelling argument to the judge or jury.

Overall, working with a seasoned wrongful termination lawyer increases your chances of success and alleviates some of the stress and uncertainty associated with pursuing a legal claim, ensuring you have the best possible chance of securing justice.

File a Complaint with a Government Agency

In many wrongful termination cases, like those involving discrimination and retaliation, you must first file a complaint with a government agency before filing a lawsuit.

The two primary agencies are:

• The Equal Employment Opportunity Commission (EEOC) handles discrimination claims under federal law; and
• The California Civil Rights Division (CRD) handles discrimination, retaliation claims, and other wrongful termination issues under state law.

With the EEOC, you generally have 180 days from your termination date to file a complaint (extended to 300 days under certain conditions). The EEOC will investigate your claim and may issue a “Right to Sue” letter, allowing you to proceed with a lawsuit.

If you decide to file with the CRD, in most cases, you must file your complaint within one year of your termination. The CRD will investigate and, if they find merit, may similarly issue a “Right to Sue” letter.

Receive a Right to Sue Letter

The “Right to Sue” letter is crucial, authorizing you to take legal action against your employer. Without it, you cannot file a lawsuit in court for discrimination or retaliation claims. Once you receive the “Right to Sue” letter, you have a limited time to file your lawsuit—90 days for federal claims under the EEOC and one year for state claims under the CRD. Act promptly and consult with Lawyers for Justice to ensure you meet all legal deadlines and that your case is prepared properly for court.

File Your Lawsuit

When you have your “Right to Sue” letter or if your lawyer believes you have a public policy or contract claim, you can file your wrongful termination lawsuit. Here are the steps:

• Draft a complaint—your lawyer will draft a complaint outlining your allegations, the legal basis for your claims, and the relief sought;
• File the complaint—your lawyer will submit the complaint to the appropriate court, which is typically in the county you worked in or where the wrongful termination occurred; and
• Wait for a reply—after your lawyer serves your former employer with a notice of the lawsuit, you will wait for your employer’s answer.

Filing a wrongful termination lawsuit in California can be complicated. But by securing experienced legal advice from Lawyers for Justice and following these steps, you can improve your chances of achieving a favorable outcome.

Lawyers for Justice Will Uphold Your Wrongful Termination Rights

Our skilled employment law team will vociferously defend your rights. Moreover, our lawyers are committed to providing personalized attention and aggressive representation, ensuring your case receives the dedicated effort it merits.

Though we’ve secured millions in wrongful termination awards, we only get paid if we win. In other words, we still operate on a contingency fee basis so that you won’t incur any upfront costs. Contact us today for an obligation-free case review, and let our award-winning attorneys guide you toward justice.