If you’ve been terminated, it’s natural to have some feelings of resentment and anger toward your employer. Even if you knew termination was likely or believed that you deserved to be fired, the process awakens a natural anger and frustration in many people. If you’ve been fired for reasons that are unfair or illegal, these negative emotions often intensify.
Though most employment terminations are perfectly legal, some are not. If you’ve been illegally terminated, it’s important to know that you have the right to fight for your income to support your family and maintain your lifestyle.
Wrongful termination is clearly defined under California law. You cannot be terminated because of:
Though your employer likely won’t directly state that they’re firing you for one of the above reasons, you can often tell if one of these situations contributed to your termination. If so, it is essential to investigate the circumstances of your termination and prove the employer acted illegally.
If your employer fires you based on false accusations, do the following:
If you have already been terminated, gather any documentation you have from the process. An attorney may still be able to help you secure other evidence of a false accusation.
As you may have suspected, there isn’t one surefire way to create a wrongful termination case. If you are fired following a personal disclosure, such as a disclosure of pregnancy, sexual orientation, or something similar, you should explore creating a case. If your termination feels sudden or for no reason at all, it is worth investigating whether you were wrongfully terminated.
If you are terminated, ask your employer for copies of your file. This should include any written warnings or records of employee violations that have occurred during your employment. Your file can help your attorney to determine if the termination was long coming or if it seems to have been triggered by an event. Most negative actions warrant a formal warning before termination. If nothing major has happened recently, you have a good reason to be suspicious.
It is difficult to pinpoint how much you will receive if you win a wrongful termination lawsuit against your employer. Every case is different, and your settlement will depend upon many different factors. The amount of damage done to your livelihood and whether the case is settled in or outside of court, for example, can affect the settlement amount.
However, it’s worth noting that the average wrongful termination settlement in California is about $40,000. Though this may seem like a great deal of money, it’s important to remember that you may need to use this sum to stand in for your regular wages. You may not get your job back, and you may not even want your old job back after the process is finished. Many people must find new employment after their case settles.
It’s important to note that there is a fairly brief statute of limitations on wrongful termination and false accusation cases, depending on the type of case you have. Many times, you have 2-3 years to file. However, some situations require you to file within 180 days. If you miss this window, you cannot take legal action against your former employer.
The best way to avoid missing out on a settlement is to take action right away, no matter the circumstances of your case. If you believe your termination was unlawful, contact an attorney as soon as you are fired or as soon as you receive information that indicates an illegal act on the part of your employer. The court system can move slowly, and it’s important to act as soon as possible.
The skilled attorneys at Clark Employment Law, APC, have been defending employee rights for many years. No matter the circumstances that led to your termination, we can help you assess your rights and pursue them in court. For more information or to schedule a consultation with us, please contact our offices online .
Yes, you can sue an employer for firing you under false accusations. False accusations can cause irreparable damage to an employee’s career, and it’s an employer’s job to ensure that they have the correct information before beginning termination procedures. You can take legal action if your employer fired you for something you didn’t do. This is especially true if the accusation is made public. In this case, it may have damaged your reputation in your field or among your peers.
You can file a lawsuit if your employer makes false accusations. Unfortunately, employees are sometimes fired based on false information, rumors, false accusations, or assumptions. These are extremely difficult situations because while the reason for termination is often legally valid, it simply isn’t true. The task becomes proving that the information that your employer has is false and that you shouldn’t be punished with termination.
Wrongful termination is being fired based on gender, race, sexual orientation, age, disability, or any other protected status. Employers won’t usually state that one of these reasons factors into your termination; however, you will likely know if one of these issues has played a part. If you believe it has, talk with an attorney.
The average wrongful termination settlement in California is about $40,000. Though this may seem like a great deal of money, it’s important to remember that you may need to use this sum to stand in for your regular wages. You may not get your job back, and you may not even want your old job back after the process is finished. Many people must find new employment after their case settles.