It is incredibly stressful to leave a workplace, especially when your employer has terminated your position illegally. Many specific circumstances indicate your employer terminated you illegally. If you think your employer terminated your position wrongfully, you may benefit from speaking with a San Francisco wrongful termination lawyer with The Armstrong Law Firm. We believe everyone deserves a fair and healthy employment environment.
What You Need for a California Wrongful Termination Claim
Gathering information is one of the first steps to a successful wrongful termination claim. Though you may not have access to work e-mails or calendar invites after termination, it can be helpful to begin writing down dates and meetings you can remember leading up to the termination. This information includes dates and times (or closest estimates):
- Times you took leave
- Reports made to superiors about coworkers or leadership
- Reports made to governing bodies
- Incidents of discrimination or harassment you experienced or witnessed
If you don’t have direct access to these e-mails or meetings, providing the above information can help your attorney direct the investigation. You may also benefit from providing a narrative of what occurred and what was said.
File a Complaint
Once you have gathered your information, you may choose to bring on an attorney, and you can file a formal report. You have some options regarding where to file your Wrongful Termination claim. If you plan to file a lawsuit, you must first file a complaint through the Equal Employment Opportunity Commission (EEOC). If you work with an attorney, they will handle most of the actual filing of the complaint with the information you provided. If you are doing it on your own, learning how to file a retaliation or discrimination complaint can be overwhelming, but it can be helpful to start with California agencies such as the Department of Fair Employment and Housing.
Investigating Your Complaint
After you file the complaint, the Retaliation Investigation Complaint Unit(RICU) will determine if an investigation is warranted. If RICU investigates, they may interview you and your employer and request additional documentation if necessary. They may also host a conference or meeting that you and your employer must attend.
Settlements and Decisions
Your employer may offer to pay a settlement at any point during the investigation process to resolve the claim. However, the investigation will continue until you agree on a settlement, or the investigation concludes. If the investigation concludes in your favor, The Labor Commission’s Office may require your employer to take action, including:
- Payment for lost wages from termination
- Penalties for each violation
- Reinstate you to your previous position
- Remove any history of the negative action in your file
- Post a notice to other employers
The specifics of every case are different, and your case’s results may affect how you pursue civil legal action should you choose to. While a successful complaint does not necessarily waive your ability to file a civil lawsuit, it may affect the way you proceed and the damages you would claim. If you have concerns about how your complaint may impact a civil lawsuit, you can discuss this with an experienced San Francisco employment attorney.