California is an at-will employment state, allowing employers and employees to end employment at any time. However, a wrongful termination can still occur when an employer terminates due to a protected characteristic, retaliation, public policy violation, or breaches an employment contract. Filing a wrongful termination case in California may be possible to help you recover damages.
Determine the Governmental Agency to File a Complaint With
State and federal agencies require you to file a wrongful termination complaint before taking legal action. Both branches of government have departments that enforce anti-discrimination, harassment, and civil rights laws. The reason an employer wrongfully terminates you will play a role in determining the agency with which you file a complaint.
Sometimes, determining the reasons for a wrongful termination is complex. Working with an Orange County wrongful termination lawyer can help you navigate filing a complaint with the appropriate agency and prevent missteps. How long you have to file a wrongful termination claim varies, and failing to act within the appropriate timeframe can prevent you from taking further action.
Filing a Complaint with the Civil Rights Department (CRD)
The CRD is a state agency responsible for determining whether a complaint warrants an investigation. They provide an independent investigation into wrongful terminations resulting from discrimination and harassment complaints. You may file a complaint with the CRD and wait for the investigation’s determination, resulting in a case closure, settlement, or court prosecution.
Filing a Charge with the Equal Employment Opportunity Commission (EEOC)
Wrongful termination complaints based on federal law violations may be filed with the EEOC. The EEOC and CRD participate in a cross-filing system, allowing one agency to file a complaint on your behalf with its state or federal government counterpart.
Time limits for filing an EEOC complaint may be less than state time limits. You must file a Charge of Discrimination with the EEOC before filing a wrongful termination lawsuit. Neither the CRD nor the EEOC acts as legal representatives for your complaint. They are responsible for neutral fact-finding during the investigative process.
File a Lawsuit
You may obtain a right to sue from the CRD before an investigation is complete, which ends the CRD’s investigation process. Once an investigation is complete, you can initiate legal action without obtaining a right to sue. An Orange County wrongful termination attorney can assist with filing complaints with the appropriate agency and gathering documentation that supports your wrongful termination claim.
Our team will prepare the legal documentation to serve your employer and notify them of the lawsuit, which begins the legal process. You have from 2 to 4 years, depending on the reason you are fired, to file a wrongful termination case in California, starting from the date the termination occurs. You must follow the complaint process to proceed with legal action.
What You Need to File a California Wrongful Termination Case
Evidence supporting a wrongful termination is crucial in each step of the process. Your employment records documenting bonuses, awards, and promotions you receive can help prove a wrongful termination. Keep copies of communications between you and a supervisor or employer that offer proof of an unlawful firing. Also, retain employment contracts.
Based on the documentation, our firm can determine the most beneficial avenue for pursuing a wrongful termination case. Our Southern California employment law firm has over a decade of experience filing wrongful termination cases in California.