A wrongful termination claim occurs in a situation whereby your employer terminates your employment illegally in such a way that the act is in breach of written or oral employment laws, labor laws such as collective bargaining laws and state or federal anti-discrimination laws. Alternatively, it could also be a case of sexual harassment. If you find yourself in either of the aforementioned situations and reside in the general California area, then you should know that you have a plausible case on your hands and there a number of excellent wrongful termination attorneys in LA you can reach out to for help. Read on to find out more.
How to go about the process
Filing a wrongful termination claim is fairly straightforward and the first process entails filling a formal complaint known as a “charge” or administrative complaint with the EEOC (Equal Employment Opportunity Commission). Alternatively, you can do the same via a state agency tasked with implementing anti-discrimination laws but no matter which option you take, remember to do so in the 180-day time frame following the incident. Upon investigation and affirming that you have enough to make a tangible case, the EEOC will give you the green light to go to court via a “right to sue” letter which affords a 90-day window thereafter. California Laws allow you to immediately request for the formal document without exploring the various administrative remedies availed by the EEOC. Once you get the “right to sue” letter- which means you meet legal necessities to substantiate a case- you’ll need to hire one of the wrongful termination attorneys in LA before you can proceed to court.
There are two possible ways to file your case with the EEOC i.e. you can do it in person or via mail. The body has an online assessment tool that you’ll need to fill out alongside an intake questionnaire before taking it physically to your local EEOC office. If you elect to file through mail, you’ll need to include important details such as what happened exactly and information about your employer and yourself. Be sure to visit the official EEOC website to find out what other requirements are needed to process your charge.
Different cases require different legal approaches depending on a number of factors such as the terms of employment or the suspected reason(s) for termination. To be on the safe side, reach out to one of the many adept wrongful termination attorneys in LA prior to taking any action as he/she will set you down the appropriate judicial path, answer any concerns you might have and basically help you out accordingly.