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., today for a free consultation.