Everyone working in the El Monte, CA, area must know their rights regarding the employment statutes of California and the United States at the federal level. Unfortunately, many people are unaware of the way hiring and firing are supposed to work in the United States, and it’s unfortunately common for people to mistakenly believe their employers can fire them for any reason. While it is true that most employers have broad flexibility to hire and fire employees at their discretion, they may not base any such decisions on discriminatory grounds and fire employees for illegal reasons.
Wrongful termination occurs whenever an employer fires an employee based on their personal and legally protected personal qualities. Any form of discrimination that leads to a wrongful termination violates California and US law, and affected employees need to know their options for legal recourse in this challenging situation.
The experienced California employment attorneys at the Azadian Law Group, PC, can provide the compassionate and meticulous legal counsel you need to successfully navigate a complex wrongful termination claim. We understand how daunting it can seem to imagine taking legal action against an employer, but we can help you approach this difficult situation with confidence. Our goal in every wrongful termination claim we accept is to help our client assess the full scope of the damages they can claim and then guide them through the procedures necessary for holding their employer accountable.
Most employment in California functions on an “at-will” basis. The at-will employment laws of most states allow employers and their employees to terminate work relationships at any time. There is no requirement for either party to provide a specific reason or prior notice. When an employee wishes to leave their job on good terms, it’s common courtesy to provide at least two weeks of advance notice, but this is not an obligation.
While the at-will employment law prevents employees from being contractually bound to jobs they no longer wish to hold, it also provides broad flexibility for employers to fire their employees for whatever reasons they wish. As a result, it can seem very difficult to prove wrongful termination, but employers who willfully engage in discriminatory firing practices leave evidence in various forms that expose their intentions.
The Equal Employment Opportunity Commission (EEOC) of the United States enforces workplace fairness laws pertaining to harassment and discrimination. When an employer wrongfully terminates an employee, proving discrimination will be the foundation of the affected employee’s civil case. However, before the wrongfully terminated employee can proceed with their civil claim against their employer, they must submit a formal complaint to the EEOC. The EEOC will investigate the claim to determine whether the employee was subjected to illegal discrimination.
An employer contacted by the EEOC regarding a wrongful termination is legally required to comply with requests for information and assistance with any auditing or research the EEOC intends to conduct. If an employer attempts to conceal their discriminatory actions, they can face even harsher penalties once exposed. Your El Monte wrongful termination attorney can assist you in filing your complaint with the EEOC, correspond with EEOC investigators on your behalf, and help you assess the damages you can seek from your employer.
Many employees who are wrongfully fired from their jobs seek reinstatement and disciplinary action against the specific parties responsible for their mistreatment. However, when it comes to the consequences of a wrongful termination for the employer, they not only face liability for the plaintiff’s economic losses resulting from their actions but also reputational damage to their business once the wrongful termination becomes public knowledge.
If the EEOC determines your complaint to be legitimate, they will advise you of the next steps to take. In extreme cases, the EEOC may initiate legal proceedings against an employer on behalf of a claimant, or the agency may issue the claimant a Notice of Right to Sue. This would enable them to proceed with a civil action against the defendant with the support of the EEOC behind them. When your case proceeds to civil court, the judge handling your case will carefully review the EEOC’s report on your claim, which will weigh heavily in their consideration of your case.
Once an employer recognizes that a previous employee has the backing of the EEOC for a wrongful termination case, they will likely seek to settle the case as quickly and quietly as possible. If the EEOC approves your wrongful termination complaint and issues you a Notice of Right to Sue, your employer will likely agree to settlement negotiations. However, you must ensure you have reliable legal counsel to advise you through the settlement process to maximize the outcome.
Every wrongful termination claim is unique, and countless interpersonal variables might come into play as a complaint regarding wrongful termination is investigated and resolved. It can be daunting and very stressful for anyone to face protracted legal proceedings against a former employer while managing the personal and professional aftermath of their wrongful termination. Additionally, navigating the EEOC claim process is much easier with an attorney’s assistance. Your El Monte wrongful termination attorney can manage your case while you focus on your personal and professional obligations following the loss of your previous job.
When you choose the Azadian Law Group, PC, to represent you in a complex wrongful termination claim, we will begin by helping you gather the evidence you need to substantiate your EEOC claim. This may include records of emails and other correspondence with your employer, statements from previous co-workers and former employees who faced similar treatment from the employer, and any other supporting documentation that might prove the true reason for your employer’s decision to fire you.
Once you have compiled and submitted your EEOC complaint, your El Monte wrongful termination attorney can assist you in compiling your personal injury claim. Once the EEOC approves your complaint, you can proceed with your civil action against your employer. You may be surprised to discover that you have grounds to seek far more compensation than you initially expected once you have reliable legal representation advising you.
To succeed with your wrongful termination claim, you must prove that your employer had some illegal motivation behind firing you. In some cases, this can be very difficult to prove, and an El Monte wrongful termination attorney can provide invaluable guidance regarding the best available evidence to employ in your case.
The EEOC may issue fines and recommend other disciplinary action for employers that willfully violate US workplace fairness laws. Penalties can escalate dramatically depending on the scope and severity of the employer’s actions. Additionally, they face liability for economic damages the wrongfully terminated employee experienced as well as compensation for the affected employee’s emotional distress.
The complexity of your case determines how long it will take to resolve it. The EEOC can typically respond to a wrongful termination case within 180 days of the claim’s filing. However, resolving a wrongful termination dispute can take several months to more than one year, depending on the unique details of the case.
If you succeed with your case, your employer will be liable for lost income, lost benefits, and the cost of any job searches you were forced to perform after firing you. It’s also possible to claim compensation for the cost of bringing your action. Additionally, most wrongful termination claims will yield liquidated damages equal to or more than the total of the claimant’s economic losses. They may also receive punitive damages and compensation for their emotional distress. Your El Monte wrongful termination attorney can advise you as to the potential value of your case.
It’s technically possible to succeed with a wrongful termination case without legal counsel, but doing so is likely to be far more challenging than you might initially expect. Additionally, you must consider that if the EEOC approves your claim, the case is likely to proceed to settlement, and you will face your employer’s legal team on your own. Having legal representation that you can trust is invaluable in this situation, and it is always worth hiring an El Monte wrongful termination attorney to guide you through your case.
The Azadian Law Group, PC, understands how daunting it can be for any wrongfully terminated employee to imagine taking legal action against their previous employer. However, a successful wrongful termination claim can yield substantial compensation for the employee, and the results of the case could also help prevent others from facing similar experiences in the future. To explore your options for legal recourse after a wrongful termination, contact the Azadian Law Group, PC, and schedule your free consultation with an experienced El Monte wrongful termination attorney.