How to File a Wrongful Termination Claim in California

How to File a Wrongful Termination Claim in California

Understanding your rights as an employee is critical in today’s workplace. Wrongful termination—a situation where an employer illegally fires an employee—can have far-reaching consequences, both financially and emotionally. At the Law Office of Jeannette A. Vaccaro, our attorney is dedicated to helping employees recognize wrongful termination and take empowered steps toward justice. Let us guide you through the process of filing a wrongful termination claim in California.

Step 1: Recognize Signs of Wrongful Termination

The first step in filing a claim is determining whether your termination was unlawful. Not every firing is wrongful under California law. Common forms of wrongful termination include:

• Discrimination based on race, gender, religion, age, disability or other protected characteristics. 
• Retaliation for reporting unsafe working conditions, harassment or illegal activities. 
• Violation of public policy if your termination breaches established California workplace laws. 
• Breach of contract when an employer violates terms in your employment agreement. 

Identifying these signs is essential before moving forward.

Step 2: Gather Evidence

Documenting your case is critical. Begin gathering evidence as soon as you suspect wrongful termination. Key pieces of evidence may include:

• Employment contracts outlining terms and conditions. 
• Performance evaluations to refute claims of poor performance. 
• Emails and communications showing discriminatory behavior or retaliatory motives. 
• Witness statements from coworkers who can corroborate your claims. 

Having well-organized and compelling evidence is an important foundation for your case.

Step 3: Understand California Employment Laws

California has some of the most robust employment protections in the United States. Familiarize yourself with the laws that might apply to your termination:

• Fair Employment and Housing Act (FEHA): Protects employees from discriminatory practices. 
• California Labor Code: Includes provisions for whistleblower protections and workplace safety. 
• At-Will Employment Exceptions: Even with at-will employment, terminations cannot violate public policy or legal protections. 

These laws are complex, and knowing how they apply to your case is critical for a successful claim.

Step 4: File with the Right Agency

Depending on the nature of your termination, you may need to file a complaint with agencies such as the California Department of Fair Employment and Housing (DFEH) for discrimination cases. Properly filing your complaint ensures that your case is reviewed and taken seriously by the right authority.

Step 5: Seek Legal Counsel

Navigating the wrongful termination claim process can be overwhelming. A skilled employment attorney ensures your rights are protected and strengthens your case. At the Law Office of Jeannette A. Vaccaro, we provide personalized advice tailored to your situation. We assist with filing claims, preparing evidence and representing clients in hearings, ensuring you meet every legal requirement and deadline.

Step 6: Be Prepared for Next Steps

After filing your claim, you may undergo an investigation, mediation or even a formal hearing to resolve the dispute. Throughout this process, maintaining professionalism and working closely with your attorney are vital to achieving a fair outcome.

Take Action Today

Filing a wrongful termination claim in California can be a complex and emotional process. However, you don’t have to face it alone. The Law Office of Jeannette A. Vaccaro is here to guide you every step of the way. If you believe you’ve been wrongfully terminated, contact us today to schedule a consultation.