Helpful Tips on Filing for Wrongful Termination Claim in California

Helpful Tips on Filing for Wrongful Termination Claim in California

Although many employees have -at-will- contract with their employers, it does not mean that the latter can terminate the former for any reason. Under employment laws, it is unlawful for an employer to terminate an employee for invalid reasons.

You can file for a wrongful termination against your employer if he or she discharged based on the following reasons: Termination due to discrimination based on employee's color, race, gender, age, or religious practice Firing as a form of sexual harassment Retaliation to the employee who used his or her Family and Medical Leave Act (FMLA) benefits Retaliation to the worker who practice his rights under whistle blowing law Termination in violation of employment laws Firing in retaliation for workers who filed a complaint or claim against the employer If you are a California-based worker and you believe that you were terminated wrongfully, here are the suggested tips on how to cope up with your situation: Do not act negatively against your employer, keep your composure If you have an employment contract, familiarize yourself with the given provisions, limitations, and instructions Determine who decided for your termination Respectfully ask your employer about the reason for your termination Review the implied promises given by your employer Contact a California wrongful termination lawyer to communicate your concern When an employee decides to file a wrongful discrimination claim against his or her employer, it is advisable to follow the suggested tips in doing so:


Filing wrongful termination complaint with Equal Employment Opportunity Commission - if an employee was fired due to discrimination, he or she can file a complaint with the EEOC. The worker may file through mail, or in person or through a duly appointed representative. The charge must be filed within 180 days of the date of the alleged wrongful termination.

Filing FMLA wrongful termination claim - a worker who has been terminated because he or she made use of FMLA benefits, he or she may file a complaint with Wage and Hour Division of the Department of Labor's Employee Standards Administration. Filing should be no later than two years after the alleged violation.

Filing other wrongful discharge complaints - for certain wrongful termination complaints, an employee may file a private lawsuit against the employer. An advice from a California wrongful termination lawyer may be particularly helpful in such cases. That is why it is important that you ask legal guidance from the appropriate source.

ABOUT THE AUTHOR:

Enzo Tacadao is a cum laude graduate from a respected university where he took up mass communication studies. As a writer, he has written articles of various topics about personal injury, employment, social security, and even business. But right now he focuses writing about a somekeyword. Aside from being passionate about writing legal and news articles, he is also inclined to screenwriting and photography.