Think You Were Wrongfully Fired From Your Job? Here’s What You Can Do

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Think You Were Wrongfully Fired From Your Job? Here’s What You Can Do

No person ever wants to be terminated from their job because being fired means a person will lose their income and typically face many financial difficulties while trying to find a new job. People who are unlawfully terminated in California may be entitled to compensation, and in some cases, employees who were wrongfully terminated could be reinstated to their old jobs.

Wrongful termination actions must be filed within a certain amount of time, and the deadline is often based on the individual circumstances of a case. This can mean that a person could have only a matter of months in some cases while others will have multiple years, but all people should follow the following five steps to help create a strong case against an employer.

Steps to Take After a Wrongful Termination

Step 1: Remain Calm

While a termination can be an emotional time, a person needs to do their best to stay calm. Emotional outbursts can hurt a person’s case and could even result in an employer filing a lawsuit against a person. 

Staying calm can help a person when they are searching for future employment because any outbursts could come up in reference checks. Try to be polite to an employer and colleagues when you are terminated, and then focus on following the steps an employer gives you before finding a California employment lawyer to see if you have a wrongful termination case.

Step 2: Get an Explanation About the Termination

A person should determine why they were fired from their role. A supervisor often gives vague reasons for firings, but there can be deeper reasons. 

When a person suspects that there are reasons other than the reason provided, it is important to understand that it is illegal to fire an employee for a breach of contract, retaliation, harassment, discrimination, or many other areas protected by state and federal law or public policy. When a person believes that the real reason for being fired was an illegal reason, they should speak to a California employment lawyer as soon as possible. 

Step 3: Collect Relevant Evidence

A wrongful termination lawsuit will hinge on the evidence a person presents to support their claim. If a person believes they have been unlawfully fired, they will need to collect as much evidence as possible. 

Evidence could come in the form of text messages, photos, emails, or voicemail messages. People should write down all others who witnessed events or were copied in emails. 

Step 4: File a Complaint

Depending on the circumstances of wrongful termination, there are several different agencies people can file wrongful termination suits with. An employment lawyer can help a person determine the proper agency.

The most common agencies that handle wrongful termination claims include the United States Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH) in cases of harassment, retaliation, or discrimination. An unsafe workplace claim will be filed with the Occupational Safety and Health Administration (OSHA) or the Department of Occupational Safety and Health. 

Whistleblower claims are protected by the Sarbanes-Oxley Act, and wrongful termination claims can be filed with the United States Department of Labor. An equal pay claim under the Equal Pay Act may be filed with the EEOC or California Labor Commissioner’s Office.

Step 5: File a Lawsuit

People in many wrongful termination claims must file lawsuits when they are more advantageous than claims with agencies, or agencies are not able to reach settlements between employers and former employees. A lawsuit can lead to more compensation than a person would receive through a settlement. 

Contact Our Wrongful Termination Attorney in San Francisco

Were you wrongfully terminated from your job in the greater San Francisco area? Do not wait another moment to speak to The Law Office of Jeannette A. Vaccaro. Our firm is committed to helping our clients get justice in these cases. You may contact us online for a free consultation with our San Francisco wrongful termination attorney.

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Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.

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