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What is Wrongful Termination?
Wrongful dismissal is a situation that occurs when an employee's contract of employment has been terminated by the employer, where the firing either breaks 1 or more terms of the contract of employment, or a statute provision or rule in employment law. Laws of wrongful termination vary according to the terms of the employment contract, as well as the laws and public policies of the state where the employment occurred.
Examples of Wrongful Termination
California is an at-will employment state, meaning that employers can fire an employee without a reason. However, termination cannot be based on retaliation or discrimination. Some of the most common examples of wrongful termination include:
- Retaliation for a Workers’ Compensation Claim
- Retaliation for Reporting Sexual Harassment
- Age Discrimination
- Racial Discrimination
- Whistleblower Retaliation
- Violating the Family and Medical Leave Act (FMLA)
Related Article: What is Paga Lawsuit?
How Do I Defend Myself From Wrongful Termination?
Save letters, memos, performance evaluations, emails, text messages, and other types of documents and communications related to your employment. Print and save any emails your supervisor sent about the good work you did on a particular project. This constitutes evidence of your good performance.
What is the Most You Can Get for Wrongful Termination?
While multi-million awards are possible in rare cases of wrongful termination, it is important to remember that federal laws limit the amount of punitive damages awarded in these types of claims. They cannot exceed $50,000 – $300,000, depending on the number of employees working at the employer's business.
What is Constructive Dismissal?
In employment law, constructive dismissal occurs when an employee resigns due to the employer creating a hostile work environment. Since the resignation was not truly voluntary, it is, effectively considered a termination. The specific legal consequences of constructive dismissal vary from state to state, but typically the action leads to the employee's obligations ending and the employee acquiring the right to file suit against the employer.
What is the Statute of Limitations on Constructive Discharge in California?
As of January 1, 2020, there is a 3-year statute of limitations for wrongful constructive discharge of a whistleblower or for a violation of California's Fair Employment and Housing Act (FEHA), which covers employment discrimination, harassment, retaliation, and failure to accommodate.
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FAQs
What steps should I take if I believe I was wrongfully terminated?
If you believe you were wrongfully terminated, document all relevant details, gather evidence, and consult an employment attorney. Acting quickly is essential due to the statute of limitations.
Does the statute of limitations apply to internal company complaints about wrongful termination?
No, the statute of limitations for legal action does not apply to internal complaints. However, timely internal complaints can be crucial for documentation and potential legal strategies.
What should I do if I am close to the statute of limitations deadline for my wrongful termination claim?
If you are nearing the deadline, it is important to act quickly. Consulting with an attorney immediately can help ensure your claim is filed within the required timeframe.
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