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Introduction
At the federal level, several legal safeguards are designed to protect every American worker from harassment, discrimination, and other forms of unfair treatment at work.
Every company in the nation must adhere to relevant harassment and discrimination laws, and each state also enforces some laws regarding employee rights and employer obligations.
The validity of an employee’s termination is one area of California employment law that occasionally perplex employers and employees.
Employment in California at Will
Most jobs in California and the rest of the US are “at-will” positions. This implies that the employer-employee working relationship remains “at the will” of both sides.
The at-will employment law’s goals are to protect workers from being coerced into staying with their employers and to provide companies the freedom to recruit and dismiss personnel as they see appropriate.
The employer and the employee are free to terminate the employment relationship at any moment under an at-will employment arrangement. They are not needed to state a particular justification, nor is prior notification necessary.
However, the employer must have a legitimate, nondiscriminatory explanation if an employee is fired.
Making an EEOC Wrongful Termination Claim
The government organization in charge of upholding anti-harassment and anti-discrimination legislation in the workplace is the Equal Employment Opportunity Commission (EEOC).
Employees must submit a claim to the EEOC to have the matter legally investigated if they think they were unlawfully dismissed, harassed, or discriminated against by their employer.
If the EEOC decides the claim is legitimate, they will advise the claimant on the next steps and may impose sanctions on the company.
The employer may be contacted directly by the EEOC during any investigation into a claim of harassment, discrimination, or San Diego wrongful termination. All US businesses must comply with all EEOC inquiries and information demands per the law.
In reaction to San Diego wrongful termination attorneys, employers may be subject to protracted litigation; alternatively, an employer who has been found guilty of wrongful termination may attempt to negotiate with the plaintiff.
Both parties require reliable legal representation in either scenario. If an employer is determined to have fired an employee for an unlawful purpose, they might be held liable for the person’s losses and reputational harm.
Due to missing wages and the expense of looking for work, the employee is under financial hardship. In the end, any action for wrongful termination may include more significant damages than both parties had anticipated.
Damages that Might Be Owed in a Wrongful Termination Case
A San Diego wrongful termination attorney employee may suffer various losses. Not only may they lose their wages and benefits, but they might also have to pay more for job searches and the management of any additional expenses brought on by the loss of their employer-provided benefits.
The employee would also be entitled to compensation under California law for willful infliction of mental distress. If the employee who was unlawfully terminated wants their employment back, reinstatement may be a requirement of a wrongful termination settlement.
When it comes to terminating employees in California, employers must use extreme caution. Due to overhead expenses and other financial considerations, some companies are forced to make painful termination decisions; other businesses restructure their organizations and eliminate specific roles.
How Can a Lawyer Help in a Case of Wrongful Termination?
Having reliable legal representation is crucial, regardless of the specifics of your upcoming employment dispute.
You have the right to submit a claim to the EEOC and ask for compensation if you were an employee who was unlawfully fired in California.
Even if you have an internal legal department, you may need outside counsel to help you in your defense if you are an employer who has been accused of unlawfully firing an employee.
A skilled employment lawyer can guide their client through the EEOC claim procedure. This will require employees to complete all required claim forms and submit supporting materials for the EEOC’s review.
Conclusion
A claimant dies, wrongful termination attorneys n may be made by an employee who was let go for breaking the terms of their employment agreement, for discriminatory purposes, or simply for exercising their legal rights.
Most workers in California are considered to be at-will, which implies they are subject to eviction at any moment, with or without cause.
Also Check: When can I sue for wrongful termination in san diego?
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