Do you believe you might have a case for a wrongful termination claim in California? If so, we invite you to contact PLBSH at (800) 435-7542 to request a free legal consultation. You can also keep reading to get the facts about these cases.
There’s a Difference Between a “Wrong” Action and an Illegal One
It’s crucial for the attorney to take our time and determine whether the action was not only inappropriate but also illegal. Was the termination legally wrongful? In California, there are numerous laws that provide protection for workers. It’s crucial to understand that you do have several rights because those regulations forbid employers from discriminating against or taking retaliatory action against employees.
Receiving Employment Insurance Benefits
When an employee is fired, one question that arises is whether or not they are eligible for unemployment benefits. In California, the criteria for eligibility for unemployment benefits relate to whether or not you engaged in misconduct at work. This is actually a rather employee-friendly standard. That standard will be interpreted somewhat strictly. You may still be eligible for unemployment compensation even though your work was terminated.
It’s crucial for you to apply for unemployment benefits if you’ve been fired, particularly if you believe your firing was due to illegal behavior. If you decide to apply for unemployment benefits, consult a lawyer beforehand. You at least have the counsel’s opinion as to what you may focus on or not focus on if you previously had and there is an upcoming interview where they want to interrogate you about the reasons for your termination. Even while they inform you that this is the cause for your termination, you could not actually have been let go for the reasons you think you were.
Looking for a New Job While Your Case is Pending
Start your job search as soon as you are able to work or if you have never worked due to health reasons. The law demands that you locate employment on par. Similar work is defined as job that is similar in terms of pay, benefits, and location. Although you are not required to accept any job that is offered, the majority of people will hunt for employment because they need and want to work. Look for jobs while your case is pending and keep records of your employment.
Potential Damages in Wrongful Termination Cases
There are several categories of damages in a wrongful termination case. One is emotional pain. What emotional pain did losing the job cause? What effects did it have on your life? We want a jury to award you damages for your emotional suffering because the restless nights, rage, irritation, and self-doubt are all related to it. Although the specific nature of it is unclear, we do ask the jury to assign a monetary value to it.
We also inquire about potential future emotional distress in addition to past emotional distress. Future emotional distress is the effect that the termination has had or will have on you in the future.
We ask for back pay and front pay in the same way that we ask for emotional suffering. This financial award effectively states that you were previously paid X and are currently being paid Y, and that you are therefore entitled to the difference. You no longer enjoy the healthcare or health insurance, vacation, or any of the other perks that you once had.
Perhaps you were able to land a better-paying job, but it took you six months to do it. You have a right to the six-month wage loss. Again, you have a right to that emotional suffering as a result of the uncertainty that resulted from losing that job for a period of six months.
Depending on the sort of business, we may also ask for punitive damages, which would be an award meant to penalize the employer and deter future wrongdoing. Last but not least, if we prevail at trial, we’ll also file a petition for attorneys’ fees and costs, essentially arguing that the employer should pay these costs rather than you.
If you have been the victim of wrongful termination, contact PLBSH at (800) 435-7542 for a free legal consultation.