Many people find exciting employment opportunities in California thanks to an abundance of jobs in popular industries like tech, finance, and entertainment. If you were recently fired by your employer, you might wonder whether you can file a lawsuit. A lot of clients ask us, Can you sue for wrongful termination in California? The answer depends on the circumstances related to your termination. 

If you’re wondering whether the right to file this type of lawsuit applies to you, The Law Offices of Jacob Embrani has some insightful information about wrongful termination claims and how the process works. 

Legal Grounds for a Lawsuit

Before you can file a wrongful termination lawsuit in California, you must make sure that you have the legal grounds to do so. Technically, California is an “at-will” state, which means that employers can fire their employees at any time, for any reason. That said, there are situations that qualify for a lawsuit, specifically when the employer violates state or federal anti-discrimination laws, public policy, or employment contracts. 

Here’s what you need to know about the applicable circumstances if you plan to file a wrongful termination suit in California:

• Discrimination: If you were fired based on your race, sex, age (if you’re 40 years old or older), religion, disability, sexual orientation, or any other protected characteristic, you may have legal grounds for a lawsuit.
• Retaliation: Terminating an employee as retaliation for reporting discrimination, illegal activities, or violations of safety policies (known as whistleblowing) is illegal in California.
• Violation of public policy: If you were terminated for exercising your legal rights, like filing a workers’ compensation claim, refusing to violate the law, or taking legally protected medical leave, you should have legal grounds to file for wrongful termination.
• Breach of contract: Employers who violate an express or implied employment contract are subject to a wrongful termination lawsuit. 

How to File a Claim in California

If you’re wondering how to sue your employer for wrongful termination, start by filing a complaint with the right agency so you have an official record of the issue. You’ll also need to get a “right to sue” notice. Most importantly, you should gather and retain as much evidence and documentation regarding the illegal termination as possible to strengthen your case. 

Gathering Evidence

Before you file the lawsuit, collect all relevant documents, including your employee handbook, any performance reviews you’ve received, and your employment contract when applicable. Also include any emails or notes from your employer about the termination, and clearly identify the reason why the termination was illegal. Common reasons include discrimination, violation of public policy, retaliation, or breach of contract. 

File a Complaint

If you’re filing a lawsuit based on discrimination, harassment, or retaliation, be sure to file an administrative complaint with the California Civil Rights Department. If you suspect you were fired in violation of federal anti-discrimination laws, file a complaint with the Equal Employment Opportunity Commission, or EEOC. For termination resulting from retaliation for reporting safety issues or for reporting unpaid wages, file a claim with the California Division of Labor Standards Enforcement (DLSE).

Obtain a “Right to Sue” Notice

Once you’ve filed the complaint with the right agency, they will investigate and determine whether you have a right to sue. You can also file an official “right to sue” notice immediately if you plan to file your lawsuit in court without waiting for the agency to conduct an investigation. Once you have the official “right to sue” letter, you can file a formal complaint in California Superior Court. After these steps are complete, your employer must be officially served with the lawsuit, and given 30 days to respond. 

Statute of Limitations

Wrongful termination lawsuits in California have specific statutes of limitations that vary based on the claim type. In layman’s terms, the statute of limitations defines how long you have to file your wrongful termination claim after you were terminated. Some common California statute of limitations deadlines for wrongful termination include:

• Discrimination or retaliation: You have three years to file a complaint if you’re doing so based on discrimination or retaliation.
• Violation of public policy: Claimants filing for violation of public policy have two years from the date of termination to file a report and lawsuit.
• Breach of contract: You have four years from the date of the breach if you had a written contract, and two years from the date of the breach if you had an oral contract with your former employer.
• Whistleblower: Most claimants have two years to file if they were terminated for whistleblowing, but some claims have a much shorter statute of limitations, so it’s recommended that you consult with an experienced attorney to confirm.
• Government employees: Government employees making a claim against a public entity, must typically file the administrative claim within six months from the date of termination. 

What Compensation Can You Recover?

The exact compensation you can recover from a successful wrongful termination lawsuit varies based on the specifics of your case, including the severity of the violation, length of unemployment after the termination, and the strength of the evidence you present. Here are some examples of the compensation you could receive if you win your lawsuit:

• Back pay and benefits: You may receive compensation for lost salary, commissions, bonuses, and benefits like insurance and retirement from the date of termination to the date of the verdict.
• Front pay: In some cases, you may be compensated for future wages if immediate re-employment is not possible.
• Emotional distress: Some plaintiffs may be eligible for emotional distress damages for any anxiety, pain, and suffering they experienced as a direct result of the termination.
• Punitive damages: If the employer participated in fraudulent, egregious, or malicious conduct, you may be eligible for punitive damages. 
• Attorney’s fees: In many wrongful termination lawsuits, the employer may be ordered to pay your legal fees and other associated costs. 

Contact the Law Offices of Jacob Emrani Today

If you live in Los Angeles or the surrounding areas and are a victim of wrongful termination, don’t delay filing your claim. The experienced attorneys at The Law Offices of Jacob Emrani are here to help you navigate this complicated process. To book your consultation or to learn more about how we can help you win your wrongful termination case in California, contact us today.