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Get Your Questions Answered. Call For Your Free 30 Min Evaluation Today! (310) 982-2291

Protecting Employee Rights In Ventura County And Throughout CA

A man and woman in an office discussing about the wrongful termination. - Moss Bollinger LLP

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.

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 a wrongful termination. That is why our legal team of skilled trial lawyers work so hard to help you pursue rightful compensation for your losses.

Do you believe you were wrongfully released? Get a free initial consultation with an Oxnard wrongful termination attorney at Moss Bollinger by contacting us online or calling (310) 982-2291.

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

A woman in a business suit receiving a paper related to a wrongful termination letter from the office. - Moss Bollinger LLP

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.

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.

Discuss your case with a Oxnard wrongful termination attorney in a free, initial consultation. Use our request form or call our number
(310) 982-2291 today.

Get Employee Rights Representation Today

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.

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Get Your Questions Answered.
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(310) 982-2291

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