Filing a Wrongful Termination Claim in California
If you have not received all the back wages and commissions due you, make a formal written demand on the company including your name and address where the wages and commission may be sent to you. If you still do not receive anything, see an employment attorney as soon as possible.
If you think you may have been discriminated against with regard to your termination on the basis of age, sex, religion, race, national origin, or disability, you may need to file a charge of discrimination with the EEOC within 300 days of your first notice concerning your termination. While you can file a charge without legal representation, you should seek counsel to help you in this process.
While it may seem impossible to challenge your former employer for letting you go, both state and federal laws exist to protect you from termination under certain, “wrongful” circumstances. Benton Employment Law is prepared to zealously advocate for your rights and fight for the compensation you need and deserve.
How Do I Prove Wrongful Termination?
Proving wrongful termination in California requires gathering evidence and building a strong legal case. Here are some important steps to consider:
Consult with an experienced employment lawyer: It's crucial to seek guidance from a knowledgeable employment lawyer at Benton Employment Law. We can evaluate the details of your situation, assess the strength of your case, and provide tailored advice.
- Document the circumstances: Collect and preserve any evidence related to your termination. This may include emails, performance evaluations, disciplinary records, witness statements, or any other relevant documents that support your claim.
- Identify unlawful motives: Wrongful termination claims often involve proving that your termination was based on unlawful motives, such as discrimination, retaliation, or a violation of public policy. Gather any evidence that suggests discriminatory actions, retaliation for whistleblowing, or a violation of your rights.
- Review employment contracts and company policies: Examine any employment contracts, agreements, or employee handbooks to determine if the termination violated any terms or provisions outlined in these documents.
- Gather witness testimonies: If there were witnesses to your termination or the events leading up to it, their testimonies can strengthen your case. Collect statements from coworkers, supervisors, or anyone else who can provide insight into the circumstances surrounding your termination.
- Seek expert opinions: In some cases, expert opinions may be necessary to support your claim. This could involve consulting industry experts, medical professionals, or other specialists who can provide insights relevant to your case.
- File a complaint with relevant agencies: Depending on the nature of the wrongful termination, you may need to file a complaint with government agencies such as the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH) before pursuing legal action.
By partnering with an experienced wrongful termination lawyer, such as our team at Benton Employment Law, you can benefit from a free case evaluation where we will assess the details of your situation and provide guidance on the best course of action. With our years of experience, we can offer strategic advice, negotiate on your behalf, or represent you in litigation if necessary.