Oxnard Wrongful Termination Lawyers
Protecting Employee Rights in Ventura County and Throughout CA
The loss of your job for any reason can be extremely stressful. When it occurs as a result of a violation of public policy and your employee rights, it can be even more upsetting.
While California operates on an “at-will” policy, exceptions to this rule exist. These exceptions take into account that you cannot be fired by an employer based on civil rights or employee rights violations covered by law. That is wrongful termination.
Losing your job can lead to more than just losing your current means of livelihood. It can make finding future employment difficult and result in emotional, mental, and even physical health damage. It can affect not only but your family when you have dependents you support. At Moss Bollinger, we understand the stress associated with being wrongfully fired. That is why our legal team of skilled trial lawyers work so hard to help you pursue rightful compensation for your losses.
What Does “At-Will” Employment Mean in California?
In California, “at-will” employment means that any employer may let an employee go at any time without any given notice. Although this is true, there are illegal reasons to let go of an employee – for example, if you believe that your release was a form of retaliation, it is possible that you have a wrongful termination case on your hands.
What is Considered a Wrongful Termination in California?
A wrongful termination is one in which you have fired or laid off illegally. This commonly means that your employer violated a state or federal law or public policy.
Types of Wrongful Termination Claims
Examples of wrongful termination claims can include but are not limited to the following:
- Fired in violation of an implied contract. An implied contract is an agreement between you and your employer that is not written but has been created by mutual conduct. Your employer must have said or done things to imply that you would not be terminated. This can be difficult to prove.
- Fired in violation of public policy. This can include being fired because you refused to break the law, for reporting a violation of the law, for performing a legal duty such as jury duty, or for exercising any right or privilege granted to you under law, such as filing a complaint against your employer with a governmental agency.
- Fired for whistleblowing.
- Fired for filing a workers’ compensation claim.
- Fired for making a complaint about workplace harassment, sexual harassment, discriminatory practices, or any other violation of your civil rights or employee rights under the law. This can include such examples as being fired because of your age so that you can be replaced by a younger person at a lower rate of pay, being deliberately laid off because you are pregnant or because of your gender orientation.
- Fired for exercising your right to take medical/family leave.
- Breach of a written contract.
Wrongful Termination in California and Damages
If you were wrongfully terminated, you can file a claim against the employer for damages that can include:
- your lost wages and benefits,
- any back pay or wages,
- your emotional distress,
- and attorney fees.
In cases where an employer has acted particularly willful in firing you, you may also be awarded punitive damages which are designed to punish.
Proving Wrongful Termination in California
Proving wrongful termination typically involves demonstrating that the termination violated employment laws or contractual agreements. Evidence may include documented instances of discrimination, harassment, or retaliation leading to the termination. Additionally, if there was a breach of an employment contract, presenting written agreements, employee handbooks, or company policies can strengthen the case. Witness testimonies, emails, and performance evaluations may provide further support. Consultation with an experienced Oxnard wrongful termination attorney is essential to understand the specific legal requirements and to build a compelling case against wrongful termination.
What is the Statute of Limitations for Wrongful Termination in California?
The amount of time you have to file a lawsuit for wrongful termination depends on where and how you file your complaint -- at the federal or state level, or at both levels.
If your lawsuit is at the federal level, you typically have 180 days to file a lawsuit. If your situation is at the state level, you must file a complaint with the Department of Fair Employment and Housing (DFEH) 3 years after your wrongful termination. You must file a complaint with DFEH before suing your employer. If they do not star a civil action against your employer within 150 days of filing your complaint, you will be issued a right-to-sue notice. Then, you have 1 year from receiving this to file a lawsuit against your former employer for wrongful termination.
How to Protect Yourself from Wrongful Termination
While wrongful termination can happen to anyone, there are steps you can take to protect yourself as an employee. Here are some tips:
- Read and understand your employment contract: Make sure you understand the terms and conditions of your employment, including any clauses related to termination.
- Document everything: Keep records of any incidents or conversations that may be relevant to your employment, including performance reviews, emails, and disciplinary actions.
- Report any discrimination or harassment: If you experience any form of discrimination or harassment in the workplace, report it to your employer or HR department immediately.
- Know your rights: Familiarize yourself with federal and state laws related to employment, including the Americans with Disabilities Act and the Family and Medical Leave Act.
- Consult with an employment lawyer: If you believe you have been wrongfully terminated, consult with an experienced employment lawyer who can help you understand your legal options.
At Moss Bollinger, our team of experienced Oxnard wrongful termination lawyers can help you navigate the complexities of California employment law and protect your rights as an employee. Contact us today to schedule a consultation.
Contact Our Oxnard Wrongful Termination Attorneys
If you believe you have been wrongfully terminated, it is important to understand that you have rights as an employee. At Moss Bollinger, we are dedicated to protecting those rights and fighting for justice on your behalf. Our experienced Oxnard wrongful termination lawyers have a deep understanding of employment law in California and can guide you through the legal process.
When facing wrongful termination in California, it is crucial to explore your legal options. Our team will thoroughly review your case and determine if you have grounds for a claim. We will gather evidence, interview witnesses, and build a strong case to support your rights as an employee.
By seeking legal representation, you can:
- Hold your employer accountable for their actions
- Seek compensation for lost wages and benefits
- Protect your professional reputation
- Prevent future wrongful terminations
At Moss Bollinger, we understand the emotional and financial toll that wrongful termination can have on your life. Our compassionate legal team is here to support you every step of the way and fight for the justice you deserve. Contact our Oxnard wrongful termination attorneys today to schedule a consultation and let us help you navigate the complexities of employment law.
Get Help From a Proven Legal Team
Wrongful terminations can happen in countless ways. If you believe you were fired for an unlawful reason, it is vital that you speak with one of our knowledgeable attorneys at Moss Bollinger. Our experienced team can work vigorously to defend your legal rights and assist in pursuing maximum compensation for your damages. Let us put our years of concentrated practice in employee rights to work for you.