What To Do When Wrongfully Terminated in Los Angeles
Wrongful termination in California occurs when an employer fires an employee for illegal reasons. This may include discriminatory firing, which happens if an employee is fired because of their race, gender, age, or other protected characteristics. Retaliation is when an employee is fired for reporting illegal activities or unsafe working conditions. A breach of contract occurs if a termination violates the terms of an employment contract.
Document Everything (First 48 Hours)
When an employee pursues a wrongful termination claim, it’s important to have accurate documentation. Recording specific details will help build a strong case. For example, an employee should record dates and times, including when they were terminated and any relevant prior events. An employee should also list witnesses, such as any coworkers who witnessed incidents leading to the employee’s termination. It’s also important that an employee gather emails and messages related to their dismissal.
Create a Timeline of Events
A timeline is a useful reference for an employee’s lawyer and can help the lawyer highlight patterns or inconsistencies. Some information to take note of includes employment start date, from when an employee began working to any significant milestones or incidents. Relevant incidents, such as any complaints, disciplinary actions, or unusual interactions with coworkers, should be noted by an employee. Also, an employee should add their termination date, including who was present and what was said.
Gather Termination Documentation
Having comprehensive documentation can strengthen an employee’s position if they decide to pursue legal action. An employee should request personnel file, as California law entitles them to access their employee records. They should also secure a termination notice, which means getting a copy of any written termination notice. Lastly, they should collect performance reviews to provide insight into their job performance before termination.
Avoid Uninformed Document Signing
An employee should not sign documents without legal review and should understand the implications of doing so. This may result in an employee inadvertently waiving important rights and could further affect their ability to pursue a wrongful termination claim. Instead, do not rush. An employee should take time to read and understand any documents. Then, they should seek legal advice, letting an attorney review any agreements or releases.
Build a Strong Case for Legal Action
Employees should gather evidence and consult with an employment law attorney to better understand their rights. More specifically, employees should document everything and ensure all relevant information is recorded and organized, as well as clearly identify and highlight violations, such as breaches of law or contract.
Steps to Secure Benefits and Financial Protection
Financial protection is crucial after losing a job. Securing unemployment benefits and understanding health insurance options can help employees mitigate financial stress and focus on their next steps.
File for Unemployment Benefits
Filing for unemployment benefits can provide temporary financial relief. An employee should first gather required information, such as Social Security number, employment history, and reason for unemployment. They should then apply online or by phone, using California’s Employment Development Department (EDD) services. Finally, they maintain eligibility by actively seeking work and reporting any income.
Explore COBRA and Health Insurance Options
COBRA allows an employee to keep their employer’s health plan for a limited time, although this is usually at a higher cost. On the other hand, an employee can explore marketplace options from the Affordable Care Act marketplace for affordable plans. There’s also the option of Medicaid, but an employee would have to check if they qualify based on their current income level.
Calculate Unpaid Wages and Benefits
Three main things an employee can do to calculate unpaid wages and benefits is to, first, review their pay stubs. Second, they should account for overtime. Finally, they should consider any bonuses that were due to them before being terminated.
Seek Legal Help and Plan the Next Steps
Research Employment Law Attorneys in Los Angeles
Employees should conduct thorough research to select an attorney with experience successfully handling wrongful termination cases. For example, employees should look for an attorney who specializes in employment law. They should also check reviews and testimonials for insights into the attorney’s performance and verify the attorney’s credentials and experience with similar cases.
Prepare for a Legal Consultation
The first step an employee should take is to compile evidence, including performance reviews and documented incidents. They should summarize the timeline of events that led to their termination. They should also list any questions or concerns they may have for their attorney about the legal process.
Review Attorney Fee Arrangements
Before hiring a lawyer, an employee should inquire about the lawyer’s contingency fees, where payment is based on case outcomes. They should also discuss hourly rates or flat fees for services rendered by the lawyer. It’s also important to understand any additional costs, such as court fees or administrative expenses.
How Employees Can Help Their Lawyer with the Case
It’s helpful for an employee to provide updates to their lawyer on any new information or developments regarding their case. They should also follow their lawyer’s advice and instructions closely. Finally, similar to the first point, employees should organize and share additional evidence as required.
Navigate Job Search Efforts for New Employment
Employees can update their resume and LinkedIn profile, reach out to professional networks and connections and attend events, apply to positions that align with their skills and interests, and prepare for interviews with confidence and positivity.
Maintain a Personal Impact Journal
Keeping a personal impact journal is beneficial for both emotional well-being and legal purposes. By recording how wrongful termination has affected their life, an employee provides a comprehensive view of its consequences.
They should note emotional and financial impacts on their daily life, document any health issues or stress-related symptoms, and record interactions with others about their termination.
How Employees Can Protect Themselves Legally
Avoid Social Media Pitfalls
Social media can be harmful after termination. It’s important for employees to manage their online presence carefully. They should be aware that privacy settings do not prevent access to their posts as part of a legal proceeding. Employees also should avoid posting about their termination or legal proceedings. Instead, they should focus on positive, professional content.
Communicate With Coworkers
Communicating with coworkers post-termination requires tact. How an employee approaches this can affect relationships and future opportunities. By handling these conversations thoughtfully, an employee preserves professional connections and maintains a good reputation. Thus, they should avoid discussing legal proceedings and should maintain positive relationships for networking purposes.
Contact Malatesta Law to Get More Information Today
If an employee believes they’ve been wrongfully terminated, reach out to Malatesta Law today. Firm founder and lead attorney Andrew J. Malatesta will handle their case personally. He has successfully secured millions of dollars for California employees who have been unjustly terminated or affected by unlawful employer practices and is prepared to help more employees experiencing wrongful termination.
Contact Malatesta Law at (424) 284-1384 and schedule a FREE consultation today with our skilled Encino employment law lawyer, Andrew.