![]() State laws will often have similar requirements.ĭepending upon the circumstances of the wrongful termination, damages awarded to the employee upon winning a wrongful termination suit can include: Most federal complaints first must be filed as charges with the Equal Employment Opportunity Commission (EEOC). Note that it may not be possible to file a civil wrongful termination claim immediately, even if an employee has strong evidence that their discharge was illegal. Furthermore, if an employee suspects that they have been forced out of a job because the employer was dishonest or made it intolerable, they can file a wrongful termination suit against their former employer for constructive discharge. However, wrongful termination may be covered by various federal or state laws. Wrongfully terminated employees do not have specific laws that protect them. It is strongly recommended that both the wrongfully terminated employee and the employer retain experienced legal counsel who can help sort through the issues and protect the rights and reputations of their client. The onus is on the employee to prove wrongful termination with factual information. If the claim is denied, then they will be able to appeal the decision and explain the circumstances surrounding the wrongful discharge of their employment. To determine eligibility for compensation, a terminated employee should contact their state unemployment office. Most states, excluding Montana, consider individuals to be employed "at-will." This means that an employer can fire an employee without giving any notice and without providing a reason unless a contractual agreement such as an employment contract or a collective bargaining agreement has been breached or the law has been violated, in which case the discharge is considered a wrongful termination.Ī terminated employee may not be eligible for unemployment compensation. We can help you determine whether an illegal firing occurred and give you an estimate of the damages you could receive in a successful lawsuit.A wrongful termination, also known as wrongful dismissal or wrongful discharge, occurs when an employee is fired for unlawful reasons. Call to schedule a consultation with one of our attorneys. If you believe you have a wrongful termination claim in California, the attorneys at Rafii & Associates, P.C. For example, if the employer states upon your hiring that a firing may only happen under specific circumstances and fires you outside of this scope, you would have a strong claim for wrongful termination. This could be an oral or written agreement, or the employer may imply a contract in several ways. If your employer fired you in violation of an employment contract, it’s important to know what constitutes an employment contract. Additionally, if the termination violated an employment contract, the fired employee may have grounds for legal action for breach of contract. ![]() However, an employee who loses his or her job for discriminatory reasons or for taking a protected action may have a valid wrongful termination claim. Like most of the country, California operates under an at-will basis for employment. You could also file a claim through a Fair Employment Practice Agency (FEPA), and these agencies typically “double-file” received complaints with the EEOC. The EEOC claims process must notify employers charged in this manner. You may be able to navigate the U.S Equal Employment Opportunity Commission (EEOC) claims process on your own, and you will need to file a Charge with the EEOC before proceeding with your lawsuit. This track record of success and experience with complex employment litigation allows us to provide an unparalleled level of representation in these complicated cases. ![]() Our past clients have secured more than $750 million for their damages. have more than 100 years combined experience handling personal injury lawsuits and employment law cases for our clients throughout California. The attorneys at Rafii & Associates, P.C. Employment law is complex, so it’s vital to find an attorney with extensive experience in employment law cases. have the experience, knowledge, and skill to navigate your claim with ease. The wrongful termination lawyers at Rafii & Associates, P.C. A fired employee may believe that his or her firing was illegal, but the determining factor is whether the employer-based its decision to fire the employee on illegal grounds. ![]() At-will employment also means that an employer can fire an employee for any legal reason (or no reason at all). This means the employee can quit at any time for any reason (or no reason at all). While this may seem like a straightforward concept, the employment laws in the United States can make it difficult to prove. ![]() “Wrongful termination” refers to the illegal firing of an employee. ![]()
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