Top 5 Mistakes to Avoid in California Wrongful Termination Cases

Wrongful Termination Laws can be a stressful and frustrating experience for anyone. It can leave you feeling betrayed and hopeless, especially if you were let go from a job you enjoyed or had been at for a long time. If you find yourself in this situation, it’s important to know your rights and what to do next.

Here are the Top 5 Mistakes to Avoid in California Wrongful Termination Cases.

• Not Understanding the Law
• Failing to Document Everything
• Sharing Your Case on Social Media
• Waiting Too Long to Take Action
• Not Consulting with an Attorney

Not Understanding the Law

The first and most crucial mistake does not understand the law. California has strict laws regarding wrongful termination, and you need to understand them to make sure your rights are protected. California is an at-will state, meaning employers can terminate employees at any time and for any reason, but there are exceptions to this rule. If you were terminated for an illegal reason, such as discrimination, retaliation, or whistleblowing, you may have a case for wrongful termination.

Failing to Document Everything

Documentation is key in any legal case, and wrongful termination cases are no exception. You need to keep detailed records of any interactions with your employer leading up to your termination. This includes emails, text messages, performance reviews, and any other relevant documents.

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Sharing Your Case on Social Media

It’s important to avoid sharing details of your case on social media. While it can be tempting to vent your frustrations online, doing so can harm your case. Anything you post on social media can be used against you in court, so it’s best to keep your case private and only discuss it with your attorney.

Waiting Too Long to Take Action

Another common mistake is waiting too long to take action. California has a statute of limitations for wrongful termination cases, which means you have a limited amount of time to file a claim. If you wait too long, you may miss your opportunity to seek justice. The statute of limitations for wrongful termination cases in California is typically two years from the date of termination, but there are exceptions to this rule, so it’s important to speak with an attorney as soon as possible.

Not Consulting with an Attorney

One of the biggest mistakes you can make is not consulting with an attorney. An experienced Employment Law Attorney can help you understand your rights, evaluate your case, and guide you through the legal process. They can also help negotiate a settlement or represent you in court if necessary. Trying to handle a wrongful termination case on your own can be overwhelming, and you may miss important details that could impact the outcome of your case.

Contact our Top Employment Attorneys in California

We’re passionate about protecting employees’ rights, and we’ll fight tirelessly to help you seek justice. If you believe you have been wrongfully terminated, don’t hesitate to contact Marcarian Law Firm, P.C., today to schedule a consultation and learn how we can help you.

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4 Things You Need to Know About Wrongful Termination Laws

 

Here we are discussing Wrongful Termination Laws. Here are four things you should be aware of.

Should I Look for Another Job During my Case?

One of the things that we discuss is that you need to take care of yourself and your family. I encourage people to file for unemployment. The fact that your employer has terminated you doesn’t mean you’re not entitled to unemployment. In fact, if you were wrongfully terminated, the employer shouldn’t be able to wrongfully terminate you and claim that you’re not entitled to unemployment.

After you file for unemployment, the next step is to start looking for work, assuming you’re able to do so. If they’re terminating you while you’re on medical leave, continue with your medical care. Take care of yourself. Get healthy. Once you’re healthy enough to work, or if you were never out because of medical issues, start looking for work. The law expects you to find comparable work. Comparable work is work that’s similar in wage, similar in benefits, and similar in location. While you theoretically don’t have to take any job that comes along, most of my clients want to work, they need to work, and they’ll look for work. While your case is pending, look for work and document that work.

Collecting Unemployment Benefits

One issue that comes up when an employee is terminated is whether or not they can collect unemployment benefits. In California, the standard as to whether or not you can file for unemployment benefits is actually a pretty employee-friendly standard that relates to whether or not you engaged in misconduct while at work. That standard is going to be read rather narrowly. Just because you were terminated from your employment doesn’t mean that you’re not entitled to unemployment benefits.

If you’ve been terminated, especially if you’ve been terminated for what you believe is unlawful conduct, it’s important for you to still apply for unemployment. If you file for unemployment, I would encourage you to talk to an attorney before you do that.

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Suing an Employer

It’s important for us to slow down and try to figure out if it was not only wrongful but also unlawful. Was it an unlawful termination? There are a lot of statutes in California that protect employees. Those statutes prohibit an employer from retaliating against employees or discriminating against employees, so it’s important to realize that you do have a lot of protection.

Sometimes you need to figure out whether or not something is just wrong, unfair, or unlawful. Even if, as you sit there right now, you think, "Well, I don’t know if it was unlawful, but it’s important for you to get those questions answered because you very well could have rights that you never contemplated. They could have violated that law.

Available Damages

In a wrongful termination case, those damages are typically characterized in these categories. One is emotional distress. What was the emotional distress of losing the job like? What impact did it have on your daily life and your monthly life? The sleepless nights, the anger, the frustration, the self-doubt—all of those issues are part of your emotional distress, and we ask a jury to compensate you for that. It’s not exactly clear as to what that is, but we do ask the jury to put a dollar figure on that. That includes both past and future emotional distress, and we also ask them about future emotional distress. The impact that the termination had on you or will have on you in the future is called future emotional distress.

Contact to Best Wrongful Termination Attorney

Are you or a loved one in the process of filing an employment claim in California and have questions about the four things you need to know about wrongful termination? Contact the experienced Wrongful Termination Attorney at the Marcarian Law Firm, P.C., and today for a free consultation.

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