If your employer fired you for no reason, you may be wondering what legal alternatives you have, including filing a civil case. A California employment lawyer who specializes in wrongful termination lawsuits can explain all of your legal choices and assist you in gathering and organizing the evidence you’ll need to win your case.
The at-will employment rule’s exceptions
The majority of employees are employed at-will, which means they can quit at any moment and for any reason. The same concept applies to employers who have the right to terminate an employee for any lawful cause at any moment throughout their employment. The term “legal” is crucial here.
Employees in California cannot be fired for reasons that are illegal, such as discrimination, retribution, or exercising a state or federally recognized employment right. If your employer terminated your employment for an unlawful cause, you might consider pursuing legal action against them.
Evidence in support of a wrongful termination claim
If you and your lawyer decide to sue your employer for wrongful termination, the next stage in the legal procedure is to gather and arrange the evidence you’ll need to win a civil lawsuit.
Personnel records
Your personnel file is one of the most powerful sources of proof. Records that provide a context and timeframe for your employment with your former employer are tucked away in your personnel file. Promotions, performance reviews, and disciplinary measures can all be used to build a compelling case against your boss. You want a personnel file that is devoid of all documentation pertaining to disciplinary proceedings.
Policies of the employer
Most businesses set criteria for what they will tolerate from their staff. This contains reasons for dismissal as well as the disciplinary procedure. If your company did not follow one or more of the employee handbook’s requirements, you have proof that your employer broke one or more of its policies.
Accounts payable
If you were subjected to workplace harassment and/or discrimination, the illegal conduct may have forced you to miss work. Pay records might show how much money you lost in salary and how much time you missed from work. If you win a wrongful termination action, your employer may be required to compensate you for all of your lost wages.
Messages and images
HARASSING photos and communications might give strong proof of criminal activities committed at work to the court. If you kept emails that reveal discrimination, they might be the difference between winning a wrongful termination lawsuit and walking away empty-handed in court.
Statements of witnesses
A court is seldom persuaded by witness comments to approve a wrongful termination suit. Witness testimonies serve to back up the physical evidence you gathered, such as threatening emails and harassing social media posts. Establishing a pattern of illegal action on the part of your employer may be beneficial to your claim.
Make an appointment with an employment lawyer
Before bringing a civil action for wrongful termination, your lawyer will try to negotiate an agreement with your employer. A fair settlement can help you not only obtain the money you deserve, but it can also save you the stress of going through a trial. If your attorney and you are unable to reach an agreement, the next step is to file a claim in civil court. Contact PLBH at (800) 435-7542 to get started.