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Apr 04

Wrongful Termination Statute of Limitations California

Across Southern California, employees are working hard to make a good living. They provide for their families, work long hours, and often make great sacrifices to do so. Unfortunately, sometimes their employers do not appreciate their hard work or may even be actively working against them. If you have been wrongfully and unjustifiably terminated from your job, it is important to know that you have legal options and a limited time in which to act.

What Is Wrongful Termination?

Wrongful termination is the unfortunate event that occurs when an employee is fired for an illegal reason. There are many different illegal reasons for which an employer may fire an employee. For example, an employer may choose to fire an employee for discriminatory reasons, such as the employee’s race, religion, or gender. Unfortunately, some people are fired because they have blown the whistle on their employer’s illegal activities. Other times, an employer may try to fire an employee to avoid paying them what they are rightfully owed, such as earned commissions or overtime pay. These common occurrences sparked the creation of laws designed to protect employees from being wrongfully terminated.

What Are My Rights If I Am Wrongfully Terminated?

If you are wrongfully terminated, you may be entitled to reinstatement, back pay, and other damages. In some specific cases, you may be able to sue your employer for wrongful termination. However, it is important to keep in mind that there are time limits for taking action. This is why it is so important to speak with an experienced wrongful termination attorney as soon as possible after you have been wrongfully terminated.

What Is the Statute of Limitations for Wrongful Termination in California?

The statute of limitations is the official deadline for taking legal action. In the state of California, the statute of limitations for wrongful termination is two years from the date of the termination. This may seem like an unnecessarily long time, but it is important to keep in mind that it can take time to gather evidence and build a strong case. Additionally, many people do not realize that they have been wrongfully terminated until after the fact. For these common reasons, it is important to speak with an experienced attorney as soon as possible if you are under the belief that you have been wrongfully terminated or are questioning the legality of your termination.

How Can I Tell If I Have a Wrongful Termination Case?

If you have been wrongfully terminated, you may be feeling a range of emotions, including confusion, betrayal, and anger. You may also be wondering if you have a case. The first step is to speak with an experienced wrongful termination attorney who can review the facts of your case intimately and help you understand your legal options.

Facts that will be considered include:

  • The circumstances of your termination
  • The events leading up to your termination
  • Your employment history
  • The type of job you had
  • The terms of your employment contract
  • The statute of limitations for filing a wrongful termination claim

An experienced wrongful termination attorney will be able to review these facts and help you determine if you have a case.

How Can I Be Sure My Attorney is Qualified to Handle My Case?

When you are looking for an attorney to handle your wrongful termination case, it is important to make sure that the attorney has experience with cases like yours. When a legal professional has already handled cases like yours, they will be familiar with the applicable laws and will know how to best approach your case.

Additionally, other qualities to look out for when interviewing prospective attorneys include:

  • Clear and concise communication
  • Accessibility
  • A compassionate yet assertive attitude
  • The ability to empathize with your situation while also remaining realistic about the outcome of your case
  • Unmatched expertise that can only be gained through experience

Ensuring your wrongful termination attorney possesses these general qualities will give you the best chance possible at a successful outcome.

What Are Some Examples of Wrongful Termination?

There are many different examples of wrongful termination that occur daily. Some common examples include:

  • Firing an employee in retaliation for reporting illegal activity
  • Firing an employee based on their race, religion, or gender
  • Firing an employee who is pregnant
  • Firing an employee who has filed for workers’ compensation
  • Firing an employee who has refused to participate in illegal activity

FAQs

Q: Is there a statute of limitations on wrongful termination in California?

A: Yes, the statute of limitations is two years from the date of termination. Any time before that is fair game to file a claim, though afterward, you will not be able to.

Q: Can you sue for wrongful termination in California?

A: Yes, you can sue for wrongful termination in California if you have been wrongfully terminated from your job. This type of employment law violation can be pursued in civil court.

Q: What is the average settlement for wrongful termination in California?

A: The average settlement for a wrongful termination case in California is $40,000. This number will, of course, vary based on the specific facts of each case, such as the severity of the wrongful termination and the damages suffered by the victim.

Q: How do I file a wrongful termination claim in California?

A: The first step is to contact an experienced wrongful termination attorney who can review the facts of your case and help you understand your legal options. From there, your attorney will be able to file a claim on your behalf, and it will progress through the court system.

Contact Clark Employment Today

No one should ever have to worry about being wrongfully terminated from their job. It’s a stressful and overwhelming experience that can cause a lot of financial and emotional turmoil. If you believe you have been wrongfully terminated, don’t wait to take action. The sooner you contact an attorney, the better your chances will be of a successful outcome.

At Clark Employment, our knowledgeable and experienced team is here to help you through every step of your wrongful termination case. We understand how difficult this time can be, and we will do everything in our power to help you get the justice you deserve. Contact us today online to schedule a consultation with one of our attorneys. We look forward to hearing from you soon and working together toward a positive outcome.

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