4 Things To Know About Workplace Discrimination


The financial strain that comes with being dismissed or wrongfully terminated from your job can be substantial. It may be possible to recover compensation if, however, the reasons for your firing were not legal.

It is possible for workers who were fired illegally or unlawfully to file a complaint about wrongful termination under California law. It may be possible to recover compensation for lost wages if you win a wrongful termination suit. Your old job may even be reinstated to you.

However, you must act quickly. There is a limited time frame in California for filing lawsuits and administrative complaints with regulatory agencies. At the latest, this may take between 6 months to 3 years after your termination, depending on your case.

In the following sections, we will discuss five steps you can take if you feel you have been wrongfully terminated from your job.

1. Calm down

Be positive and calm even if you feel bitter, desperate, and angry; don’t express unnecessary anger or resentment. It may take a long time for you to recover what you deserve, so stay calm and focused.

You should also avoid making rash decisions, such as sending a rude email to your former employer or being uncivil. In addition, it is very important that you refrain from retaliating or “getting back” at your employer by breaking workplace property, stealing things, or publicly harassing your supervisor. Such actions will not only damage your case and hinder your ability to collect damages, but they may also lead to civil or criminal lawsuits against you.

All of these actions will not help you reverse your employer’s decision. Therefore, making a scene is pointless. You should focus on enforcing your employment rights in court, which an experienced California employment lawyer at workerscompensationattorneysacramento.net can help you with.

2. Investigate what happened: Ask the company for an explanation

Next, you should understand why you were fired and the circumstances that led to your termination. Often, your boss or supervisor will give a face value reason for terminating your employment. You may not know, but suspect, that there are deeper, and often illegal, reasons.

Specifically, California law prohibits firing an employee for discriminatory, harassing, retaliatory, or contractual reasons. A case involving Bechtel National, Inc. was Guz v. Bechtel National, Inc. (1900) 24 Cal.4th 317, 336. The Labor Code, for example, prohibits firing employees for reasons that violate public policy. Atlantic Richfield Co. v. Tameny (1980), 27 Cal.3d 167, 170.

A California wrongful termination attorney may be able to explain which of these reasons caused your termination. It is for this reason that you should visit https://lacaccidentpros.org.

3. Collect evidence

It is crucial to present enough evidence in a wrongful termination case for it to succeed. Assuming you have followed step 2 correctly, you probably already have reasons to believe your termination was illegal. To maximize your case’s success, collect as much evidence as possible.

The evidence here is simple. Wrongful termination cases often involve statements of fact between the employer and employee. In many cases, the employer asserts one legal reason for terminating you, while you claim another, check out http://primelawyers.net/. The quality of the evidence you provide makes your story credible. Alameda Newspapers, Inc. v. Eisenberg (1999) 74 Cal.App.4th 1359, 1386.

Look for evidence that supports your claims. All of your emails, texts, voicemail messages, and photos are accessible to you. Contact any eyewitnesses to crucial incidents, such as a sexual overture by your employer. When accompanied by written evidence, eyewitness reports can lend authenticity to your case.

4. Complain to the appropriate regulatory agency

There are various types of employment law complaints that may be filed and these may be entertained by several agencies. The following are some of the common claims and agencies where you can file:

-Claims for discrimination, retaliation, or harassment are frequently filed with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).

-If you were terminated after complaining about unsafe work practices, you may file a complaint with the Occupational Safety and Health Administration (OSHA). DOSH is the equivalent in California.

-A whistleblower complaint may be filed with the US Department of Labor if your termination resulted from protected activity under the Sarbanes-Oxley Act.

-Complaints about equal pay: If you were terminated for raising concerns under the Equal Pay Act, you can file a claim with the Equal Employment Opportunity Commission.