Sunday, February 8, 2015

Stages of Wrongful Termination Claim

employment termination letter

You might have violated the policy of an institution wherein you were employed such as a falsifying this company’s records, or either showed a poor working performance, misconduct, insubordination and more. Regardless of your employer’s exact reason for your dismissal notice and given that you are a hundred percent sure about your employment terms which are not “at-will” –then filing for a claim would most likely be your initial response especially if you doubt the decision. This instinct is triggered by the fact that it’s really hard to look for a job wherein one can get a sustainable source of money and receive benefits for their career at the same time.

However, to pursue a successful lawsuit, particularly an employment-inclined one and any other kind is not as easy as you might imagine. In fact, there are many requisite facts you need to understand prior to taking any legal action. If you believe that you are a wrongfully terminated employee in Los Angeles, it is imperative to know the stages of employment termination case for better lawsuit pursuance. Above all, hiring a noble California employment attorney would secure you a key to get compensated for your loss as a victim. Here’s a row of the legal process you are to deal with:

  • Documenting your claim to assert. You can accomplish this stage on your own. After receiving a doubtful dismissal notice – and if you are convinced enough – it’s relevant that you begin gathering all pertinent papers to support your complaint. These includes the original copy of your job offer letter, signed employment contract as well as the handbook that was provided by the company in connection to your employment and if ever applicable, you should also secure documents of performance evaluations, wage increases and promotions to strengthen your claim concretely.
  • Gathering of significant elements for the lawsuit’s stance and credibility. With your chosen counselor-at-law, to build a potentially winning employment claim is promising. Statements from your colleagues who witnessed any unlawful actions made by your employer in the past are extremely vital. This will support your stand that you are wrongfully terminated from your job by your employer and you should be compensated with utmost fairness by law.
  • Filing of your composed complaint to employment law enforcement agencies. A wrongful termination complaint in Los Angeles can be filed in California Department of Fair Employment and Housing (DFEH) as a state agency who holds compatible capability for your concern. Also, you and your attorney can file at the U.S. Equal Employment Opportunity Commission (EEOC) as a federal agency who facilitates employment disputes. Both implement statute of limitations and a right-to-sue letter if necessary.
  • Bringing a wrongful termination lawsuit in court. If your complaint calls for private lawsuit or is substantial enough to proceed in court, then you don’t need to worry because your counselor-at-law is the one to ease this phase for you as a client. As a specialized attorney, an outstanding representation will be performed by him or her. Meanwhile, prior to filing, the court would give a time limit for your unjust employer – as the defendant – to formally answer your allegations.

So, these are how you can begin your journey to finally gain the most rightful reimbursement for your wrongful termination claim. With your counselor-at-law who is there to provide an excellent legal service for the ordeal you had dismayingly been subjected in, you can be self-composed and patiently wait for a favorable result released by court. Enough reason for you to claim your rights as an employed individual in California. Meanwhile, prevailing employment laws such as the Civil Rights Act of 1964, Americans with Disabilities Act (ADA), California Fair Employment and Housing Act (FEHA), Age Discrimination in Employment Act (ADEA), Pregnancy Discrimination Act (PDA), Genetic Information Nondiscrimination Act (GINA) and other employment-inclined regulations supported by law are present to protect you by all means in scopes of your employment dealings.

On the other hand, a wrongful termination does not only include employee’s decision for making his or her employee lose the job. Sometimes, it’s the employee who resigns because of a hostile work environment, unreasonable wage decrease and other injustices related to his or her employment terms. This scenario is additionally considered as a kind of wrongful termination and, therefore, needs to overcome, as well, all these detailed stages above for a successful lawsuit and compensation claim.