Losing your job can be a gut-wrenching experience, especially if you feel that your termination was unjust. It’s natural to feel a range of emotions, from anger and frustration to fear and uncertainty about your future. At Resolve Wannon, we’re here to provide mediation services if you believe you’ve been wrongfully terminated, focusing on California laws and practices.
Understanding Wrongful Termination
First, let’s clarify what wrongful termination actually means. In simple terms, it occurs when an employee is fired for reasons that violate state or federal laws or breach an employment contract. Now, California is an “at-will” employment state, which means that employers can generally terminate employees for any reason, except for illegal ones. Some common unlawful reasons include:
- Discrimination based on age, gender, race, religion, disability, or sexual orientation, as outlined in the California Fair Employment and Housing Act (FEHA).
- Retaliation for whistleblowing or for exercising workplace rights such as taking family or medical leave, is protected by laws like the California Family Rights Act (CFRA).
- Violation of public policy, such as firing an employee for refusing to engage in illegal activities, which is prohibited under California Labor Code Section 1102.5.
If any of these situations sound familiar to you, don’t hesitate to reach out to our mediation specialists at Resolve Wannon by calling 310-592-4359. We’re here to listen to your story and to evaluate whether mediation is a good option to resolve the dispute.
Steps to Take After Termination
If you believe your termination was wrongful, it’s important to take action. Here are some steps to consider:
Stay Calm and Professional We know it’s easier said than done but try to avoid any emotional reactions that could harm your case, such as sending angry emails or making public accusations.
Request a Termination Explanation Politely ask your employer for the reason behind your termination. This can provide clarity and help determine if the termination was lawful.
Review Your Employment Contract Dust off your contract and check for any clauses that may have been violated by your termination. Look for terms related to notice periods, grounds for termination, and dispute resolution.
Gather Evidence Collect any relevant documentation, such as emails, performance reviews, or witness statements, that support your claim of wrongful termination.
Consider Mediation At Resolve Wannon, we offer expert mediation services to assist you in resolving the matter pre or post-litigation. Call us today at 310-592-4359 to see if we can be of assistance.
Legal Options Available
So, what can you do if you’ve been wrongfully terminated in California? Here are your legal options:
- Filing a Complaint: You can file a complaint with the California Civil Rights Department (formerly DFEH) if your termination involved discrimination or retaliation, as per the FEHA.
- Lawsuit: You may pursue a lawsuit against your employer for wrongful termination under California common law. This process involves proving that your firing was illegal and may result in compensation for lost wages and damages.
- Mediation: Consider mediation as a cost-effective and confidential way to resolve disputes without going to court. At Resolve Wannon, we specialize in helping parties reach mutually agreeable solutions through mediation. Call us at 310-592-4359 to learn more about our mediation services.
Documenting Your Case
Proper documentation is key in building a strong wrongful termination case. Here are some tips:
- Create a Timeline: Document events leading up to your termination, including dates, conversations, and actions taken by both you and your employer.
- Save Correspondence: Keep copies of emails, letters, and other communications related to your employment and termination.
- Witness Statements: Gather statements from colleagues who can support your claims of wrongful termination.
Mediation
At Resolve Wannon, we believe that mediation offers several benefits in resolving wrongful termination disputes:
- Cost-Effective: It reduces legal fees compared to traditional litigation.
- Time-Efficient: Mediation can be quicker than court proceedings, allowing for faster resolution.
- Confidential: The process is private, encouraging open communication between parties.
- Mutual Agreement: Mediation focuses on finding a win-win solution, and preserving professional relationships.
We are committed to helping both employers and employees find fair resolutions through our expert mediation services. Call us today at 310-592-4359 to discuss how we can assist you in your wrongful termination case.
Conclusion
Navigating a wrongful termination claim can be overwhelming, but remember that you’re not alone. By understanding your rights and taking the appropriate steps, you can seek justice and move forward with your life.
Our experienced mediators are ready to help you find a fair resolution.