Most employment in California functions on an at-will basis, and the at-will employment standard protects employees and employers in various situations. However, it also provides employers with a relatively accessible means of firing employees for discriminatory and otherwise illegal reasons. While at-will employment allows an employer to fire an employee at any time with or without notice or citing a specific reason, this law does not permit the illegal firing of employees.
A wrongful termination occurs when an employer bases a firing decision on the employee’s protected personal qualities, such as race, ethnicity, sex, religion, or medical status. The Equal Employment Opportunity Commission (EEOC) of the United States is the government agency responsible for addressing violations of US workplace fairness laws, including wrongful termination. When illegal discrimination results in job loss, the wrongfully terminated employee should know the value of legal representation when recovering their losses.
A Long Beach wrongful termination lawyer can help you hold a former employer accountable for your recent unlawful firing. In addition, a good legal team can assist you in proving the grounds for your firing were discriminatory, gather evidence to support your case, and help you assess the full range of damages you could obtain from a successful civil claim.
Suing an employer for wrongful termination is unlike most other civil claims. Whenever an employee in the United States is adversely affected by workplace harassment or discrimination, they must file a complaint to the EEOC to report the incident and seek accountability. The EEOC must investigate all claims of workplace harassment and discrimination, including those pertaining to wrongful discriminatory termination.
Your Long Beach wrongful termination attorney can assist you in completing your complaint submission to the EEOC. If the EEOC requires additional information, your legal team can handle interactions with the agency on your behalf until you hear results from their investigation. When the EEOC determines that a claimant experienced an unlawful wrongful termination, they will provide a formal Notice of Right to Sue that allows them to proceed with a civil claim against their employer.
Part of the EEOC’s investigation is likely to include direct contact with the employer in question. All US employers are legally required to comply with EEOC investigation requests for information and onsite inquiries. If an employer refuses to comply with an EEOC complaint review, or if they are found to have intentionally and severely violated US workplace fairness laws, the EEOC can recommend penalties or even file charges against the employer on behalf of the claimant. In addition, in most cases, the EEOC issues formal support for claimants to file their own legal actions.
Having the EEOC’s backing for your wrongful termination case significantly improves your chances of reaching a satisfying conclusion to the matter. Most employers will be willing to negotiate settlements with employees whose EEOC claims for wrongful termination are approved. Your Long Beach wrongful termination lawyer can not only be instrumental in your EEOC claim and early case filings, but they can also assist you in ensuring you receive an appropriate recovery from your damages.
Many people who lose their jobs due to unlawful firings are unaware of the damages they can obtain with the help of an experienced Long Beach wrongful termination lawyer. The most obvious of the damages claimable in a wrongful termination case is repayment of the affected employee’s lost wages. The employer could be liable for back pay, and the employee’s attorney can help them calculate the exact amount of wages and benefits they are rightfully owed.
The employee can claim compensatory damages for other costs associated with wrongful termination. For example, you could hold an employer accountable for the cost of bringing your wrongful termination suit, the cost of job searches, and other expenses you were forced to endure following your wrongful termination. Employees subjected to wrongful terminations can also seek compensation for intentional infliction of emotional distress from their employer.
Punitive damages can come into play when an employer was especially malicious in their discriminatory actions against the employee. When an employee can prove that their wrongful termination included any outrageous or reckless malicious action, the employer can face substantial fines based on the number of employees.
Hiring the right lawyer to represent you can significantly impact the outcome of your wrongful termination case. Your case will begin with a claim to the EEOC, and an experienced Long Beach wrongful termination lawyer can ensure your claim includes all the information and supporting documentation necessary for the EEOC to review it swiftly and efficiently.
Once you have the approval of the EEOC to proceed with your civil action against your employer, your Long Beach wrongful termination lawyer will help you compile your claim and guide you through settlement negotiations. After an employer recognizes that an employee has the support of the EEOC behind their wrongful termination claim, it is typically in the employer’s best interests to settle the matter through private settlement as quickly as possible.
A Long Beach wrongful termination lawyer can be the best asset for any employee who must navigate a complex EEOC complaint filing process, accurately calculate their claimable damages, and proceed with a civil action against their employer. The Law Offices of Jonathan D. Winters has years of experience helping Long Beach, CA, area clients through all manner of employment disputes, including those regarding wrongful termination. We understand the stress and uncertainty that follow losing a job, especially when you know why the firing was unlawful.
Time is a critical factor if you intend to seek legal recourse for wrongful termination in California. The sooner you meet with a Long Beach wrongful termination attorney, the sooner they can begin working on your case. Contact The Law Offices of Jonathan D. Winters today to Schedule Your Free Consultation with an experienced and reliable legal team.
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