What can you do if you are wrongfully fired?
Most people, whether they like their job or hate it, need the income it provides to support their family and lifestyle. Losing your job can derail your life and put your financial stability at risk. The unfortunate reality is that an employer can fire you without cause in California, taking matters out of your hands. That said, there are times when termination can be unlawful. One of these instances is false accusations.
If an employer has falsely accused you of something and you were fired as a result, you are allowed to file a lawsuit. Contact our employment lawyer for employees to discuss your legal options.
The definition of wrongful termination
While a California employer can fire a worker without reason, they cannot fire a worker in situations where the employee is protected. If this happens, it is called wrongful termination. Situations that may be classified as wrongful termination include:
- Firing an employee in violation of their contract
- Firing an employee after they request reasonable accommodation
- Firing an employee based on a protected characteristic
- Firing an employee in retaliation
California employment law prohibits retaliation and discrimination by firing an employee under false accusation. An employer is expected to extend certain rights to an employee. Wrongful termination means that they fired the employee in a way that violated their rights.
What does it mean to be falsely accused?
If an employer fires an employee based on untrue information, they have acted on a false accusation. This is true even if the employer believed the information to be legitimate at the time.
Let’s say Josh goes to his employer and accuses another employee, David, of beating him up in the breakroom. The employer fires David on the spot for violent conduct. If David did, in fact, assault Josh, the termination is valid. However, if David didn’t touch Josh, then their employer acted on false information. In this case, the termination is wrongful.
According to California law, an employee who experiences wrongful termination has the right to sue their employer to restore their reputation and get compensation for any losses. In our example, David would be within his rights to sue his employer.
How do you respond to a wrongful termination?
If you believe you have experienced wrongful termination, you should act to defend your side of the story. To do so, collect any documents from the time of termination, such as letters and emails. Then ask HR for a copy of your personnel file. If they want you to sign anything, DO NOT sign until you speak with a lawyer. You should get the contact info of any witnesses who observed the events before the firing. If needed, they can testify to support your argument. And of course, get in touch with an employment lawyer who can represent you and offer guidance.
Even if you follow the above steps, your wrongful termination claim may not be successful. However, taking care to defend your side of the story can only improve your case.
How much money can you get from a wrongful termination lawsuit?
On average, you can get around $40,000 from a wrongful termination claim. That said, you will still need to pay attorney fees. If the case is an obvious and serious instance of wrongful termination, you will get a higher settlement. Also, the more proof you have, the likelier it is you will get compensation. And it is always a good idea to hire an experienced employment lawyer to negotiate a fair settlement.
How long do you have to file a wrongful discrimination lawsuit?
The statute of limitations for wrongful termination is three years. The sooner you file a claim, the better. Witnesses can forget events and papers can get lost. It is best for you to act immediately, when memories are fresh.
What are examples of wrongful termination?
If an employer fires an employee based on their gender, religion, sex, age, race, or sexual orientation, this qualifies as wrongful termination. This is because discrimination is a protected cause. Also, if an employee asks for reasonable accommodations and is fired, it is an instance of wrongful termination. An example of this would be a new mother asking for time to breastfeed. Another example of wrongful termination would be firing an employee for participating in a sexual harassment investigation.
If you suspect you are the victim of wrongful termination, do not hesitate to contact Nakase Wade. Our employment lawyers will offer a free evaluation of your case and discuss your legal options with you.
