top of page
Writer's pictureMarcarian Law Firm

A Complete Guide to Wrongful Termination Claims in California

Updated: Dec 19, 2023


attorney for wrongful termination

Workplace discrimination complaints based on race, color, ancestry, religion, age (40 and over), disability, medical condition, genetic information, sex, sexual orientation, marital status, military, and veteran status, or national origin, should be filed with the Department of Fair Employment and Housing.


Contact to Wrongful Termination Attorney. If you were unlawfully fired, you are entitled to compensation for your losses.


Wrongful Termination & the California Employment Law


Wrongful Termination Laws in California prohibit discrimination in all sorts of commercial operations. As a result, an employer is unable to discriminate based on a protected group.


Discrimination is not permitted in any of the following situations:

  • Screening, applications, and interviews are all part of the process.

  • Recruiting, relocating, promoting, separating, or terminating employees.

  • Participation in an apprenticeship or training program and membership in a labor union or other employee organization.

  • Terms of employment, including pay, assignments, etc.

If your claim for wrongful termination is based on discrimination, harassment, or retaliation, you will almost certainly need to file a pre-complaint investigation with the California Department of Fair Employment and Housing. You can ask the DFEH to do the following through this filing:

  • Examine and resolve your claim

  • Send you a notice of your right to sue, allowing you to take your case to court

Some employment cases can be settled by related agencies. However, if DFEH won't take your case, you can be permitted to sue your lawyer. Hence, you need to first go to the agency, even if you're looking to sue them yourself.


If you believe your wrongful termination was caused by a breach of contract or a violation of public policy, you can file a complaint in the relevant state court.


Watch the Video Here:



The employer and any other adverse party must be served the complaint once it has been filed in the appropriate court, under California Rules of Civil Procedure:

  • The claim will be filed in court, and the employer will be given the right to respond to the allegation.

  • Hearings will be scheduled, and the discovery phase will allow you and your attorney to ask the employer for specific documentation and admissions.

  • The employer will be given the same chance.

If no settlement is achieved, the case may be sent to trial. Everything will be dependent on the facts and circumstances, and a trial may yield a better result than a settlement in some cases. However, a jury can be unpredictable, and there are always risks associated with a trial.


If you're confused about your case, you should talk to your Los Angeles Employment Lawyer about the best possibilities for you.

Comments


bottom of page