What Should You Do After a Wrongful Termination?
If you believe you have been wrongfully terminated from your job in California, it is crucial to take specific steps to protect your rights and strengthen your case. Here are key actions you should take:
Act Promptly
Time is critical in wrongful termination cases. You have several deadlines to keep in mind:
- Severance packages: While California law does not require employers to provide severance pay, many employers offer severance packages voluntarily or as part of a contract or policy. If you are offered a severance package that includes a waiver of certain legal claims, such as age discrimination, you may have 21 days to review the offer and 7 days to revoke your acceptance, as required under federal law for employees aged 40 or older.
- Wrongful termination violating public policy: Terminated employees have two years to file a wrongful termination lawsuit against the employer.
- Right to sue notice: If federal or state agencies do not resolve the issue, they will issue a notice of right to sue, giving the terminated employee a specific period of time to file their civil claim.
- Contract violations: These have a statute of limitations based on state law, typically up to four years from the date of the written contract violation.
- Discrimination or harassment claims: These claims can be filed within 180 days with the EEOC or within 300 days with the California Civil Rights Department.
Two laws underlie the limits imposed on discrimination and harassment claims: the Federal Civil Rights Act of 1964 and California’s FEHA. Understanding the legal time limits is crucial and can be overwhelming. Working with a lawyer can help you meet all of the deadlines relevant to your case.
Document Everything
Collecting evidence is vital for proving your wrongful termination claim. Maintain detailed records of incidents and interactions that support your case:
- Incident journals: Keep a journal detailing incidents of discrimination or harassment, including dates, times, locations, and names of those involved.
- Email and communication: Save all relevant emails, messages, and correspondence with your employer that pertain to your termination or discriminatory treatment.
- Performance reviews and contracts: Gather performance reviews, employment contracts, and any documents that outline your job expectations and terms.
Keeping detailed records of your mistreatment is one of the best ways to support your claim and ensure that your lawyer has enough evidence to work with when pursuing a favorable resolution.
Consult a Wrongful Termination Lawyer
Navigating a wrongful termination case on your own can be overwhelming and complex. It's essential to seek the advice of a wrongful termination attorney who can:
- Analyze your case: An attorney will assess the specifics of your situation, identify the strengths and weaknesses of your case, and provide legal advice.
- Knowledge of local laws: A lawyer familiar with California employment laws will understand the nuances of your rights and protections under state and local regulations.
- Filing claims: Your attorney will assist in filing complaints with the appropriate agencies and guide you through the legal process.
With a skilled professional by your side, your wrongful termination case can proceed smoothly.
Avoid Social Media
Be cautious with your online presence. Anything you post on social media can potentially be used against you by your employer's legal team. Here are some tips:
- Do not post about your termination: Avoid sharing details about your firing, layoff, or any discriminatory treatment you experienced.
- Limit your online activity: Consider temporarily deactivating your social media profiles to prevent your employer's attorneys from finding and using your posts against you.
- Maintain privacy: Even with privacy settings, assume that anything you post online can be accessed and used in your employer's defense.
We can advise you further on what may be harmful to do online in the context of your case.
Gather Witnesses
Identify coworkers or other individuals who witnessed the incidents leading to your termination or can corroborate your claims. Obtain their contact information and statements to support your case.
Types of Compensation Available for Wrongful Termination
If your wrongful termination case is successful, you may be entitled to various types of compensation. The amount and types of compensation awarded depend on the specific circumstances of your case, but generally, they can include:
- Back pay
Wages and benefits lost from the termination date to the court’s judgment or settlement, including overtime and bonuses. - Front pay
Compensation for future wages if reinstatement is not feasible. - Reinstatement
Court-ordered return to your previous position, potentially including denied promotions. - Lost benefits
Recovery of lost employment benefits such as medical insurance, pension contributions, retirement benefits, stock options, and other fringe benefits. - Pain and suffering
Damages for emotional distress like anxiety and depression, verified by a mental health professional. - Legal fees
Reimbursement for court costs and attorney fees. - Interest on unpaid wages
Interest on wages from the due date until they are paid.
Additional considerations include the loss of future wages. You might be eligible for compensation for future income lost due to the wrongful termination, especially if it affects your career progression.
Costs incurred while looking for a new job, including travel expenses, resume preparation, and other related costs, might also be included in your compensation.
