Do You Want To File a Wrongful Termination Complaint?
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Are you experiencing a breach of contract termination or think you were fired without cause? While losing your job is never easy, being fired when it’s not your fault can be downright unfair and frustrating.
Our California wrongful termination lawyers advocate for clients throughout the state who have faced unjust termination, whether due to discriminatory practices, retaliation for whistleblowing, violation of employment contracts, or other wrongful termination reasons.
Despite being an “at-will” employment state, there are still several reasons why termination may be deemed unlawful in California.
Other possible reasons include political affiliation, national origin, mental or physical disability, pregnancy, marital status, wrongful termination due to breaking whistleblower laws, or retaliation for participating in union activities.
Did you report sexual harassment at work and end up getting fired in return without investigation? Contact our team of experienced wrongful termination lawyers to file a complaint to the Division of Labor Standards Enforcement (DLSE) to get the compensation you deserve. We understand the delicate nature of sexual harassment cases and will thoroughly investigate your case while protecting your confidentiality.
In CA, the basis of your wrongful termination claim will determine whether you must make a formal complaint before pursuing legal action. Here’s how you can file a wrongful termination claim in CA:
Discrimination Claims: You can submit a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH) regarding discriminatory claims. State law violations are handled by DFEH; federal law offenses are handled by EEOC. Filing under one usually takes care of both because of the work-sharing arrangement.
Retaliation Claims: You must file a complaint with the DFEH or the California Labour Commissioner’s Office (commonly referred to as the Division of Labour Standards Enforcement, or DLSE) if you were fired in retaliation for participating in protected activities, such as reporting discrimination or hazardous working conditions.
Breach of Contract Claims: You don’t have to file a complaint with a government agency if your termination violates an employment contract. Instead, you can sue directly in civil court.
Filing a complaint with the Labor Commissioner’s office can initiate an investigation into your claim. After submitting your complaint, an investigator will interview you, your employer, and any relevant witnesses. They’ll then create a report with their findings for the Commissioner’s review.
Based on this report, the Commissioner will either rule on your claim or schedule a hearing if additional information is needed. Both you and your employer will receive notice and have the opportunity to present evidence and arguments at this informal hearing, with representation allowed if desired. A final decision will be issued based on the gathered information following the hearing.
In CA, the duration of a wrongful termination lawsuit varies according to the case’s complexity, the availability of evidence, the willingness to settle, and the court’s schedule.
While non-discrimination claims necessitate the collection of evidence and the presentation of legal arguments, discrimination claims can involve agency investigations. Timing can be impacted by intensive evidence gathering, settlement talks, and the backlog of court cases awaiting hearings and trials.
Pre-lawsuit steps (two to six months), lawsuit filing and discovery (six to two years), motions and pre-trial preparations (six to twelve months or more), settlement discussions (varying), and maybe a trial lasting several weeks or months if negotiations fail are all part of the general procedure.
Speaking with an employment attorney for a more precise estimate depending on specific facts is crucial.
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Did you recently lose your job in California after taking a medically necessary leave of absence? California law protects employees from termination for taking protected leave. If you believe your recent termination may have been unlawful due to your leave, don’t hesitate to seek legal guidance. We will:
Are you facing financial hardship after an unfair termination? BLF Network has handled over 500 wrongful termination cases in California and recovered 3000$ worth of compensation for our clients. Our experienced legal team can help you file a wrongful termination claim with DLSE.
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Recognizing the sensitive nature of wrongful termination situations, we offer a completely confidential, free consultation. This safe space allows you to share your experience and receive unbiased legal advice. Whether your case involves wrongful dismissal, unpaid wages, or sexual harassment, our compassionate legal team is here to fight for your rights with discretion.
Moreover, you won’t be responsible for paying us until we have successfully settled your claim because we work on a contingency fee basis. We’re here to support you in your quest for justice because your rights matter.
Results may vary depending on your particular facts and legal circumstances.
Explore the results of Wrongful Termination claims we filed in California
Fired for exposing financial irregularities, I was devastated. Their knowledge of wrongful termination laws helped me secure justice and a substantial settlement.
I faced termination after reporting unsafe practices in my clinic. My lawyer's expertise was instrumental in winning my wrongful termination suit, restoring my career.
BLF Network was my ally when I was wrongfully dismissed for revealing hazardous practices in our factory. Their dedication led to a favorable and fair resolution.