If you have lost your job in the state of California and believe that you were wrongfully terminated, then you likely have many questions. Keep reading to get those answers. You can also contact The Law Offices of Larry H. Parker at 866-536-5788 to speak with an employment law attorney who can help you.
How Long Do I Have to File a Wrongful Termination Lawsuit in California?
It depends on the specific reason for which you were fired. In California, you must file within the statute of limitations. For example, if the wrongful termination violated an implied oral contract you will have two years to file. The same is true if the issue was a wrongful termination in violation of public policy.
The Statute of Limitations is three years in the case of whistleblower wrongful termination, WARN Act wrongful termination, or wrongful termination in violation of the Fair Employment and Housing Act. On the other hand, a person who was the victim of whistleblower wrongful termination under the Sarbanes-Oxley Act has just 180 days to file a complaint with the Department of Labor.
What is the Process for Bringing a Wrongful Termination Lawsuit in California?
If you believe you have been wrongfully terminated by your employer, then there are two steps to take right away. First, talk to a wrongful termination attorney who can advise you on your rights. Second, gather and preserve evidence to prove your case. This includes all written documentation from your employer, copies of job performance reviews, and anything else that may help you.
What Types of Damages Will I Be Able to Recover?
That depends on the damages you suffered. For example, your case would likely involve lost wages and benefits, which are the amount that the employer should have paid you if you had not been wrongfully terminated. Note that this amount will be reduced if you were able to gain similar employment elsewhere.
You may also be eligible to receive compensation for damages related to pain and suffering. You may be able to have your attorney’s fees refunded. In the event that your employer was particularly terrible in their behavior, punitive damages may be awarded. They are only used to punish the employer and are not based on specific damages you suffered.
What is the Next Move in Filing a Wrongful Termination Lawsuit?
Contacting an attorney. At The Law Offices of Larry H. Parker we work with cases like these on a regular basis. We are happy to start with a free legal consultation during which we will go over all the options and let you know what you may expect moving forward. Call us now at 866-536-5788 to find out what your rights are.