Employees today have much more legal protection in the United States than half a century ago, but there’s still far to go. Our workers don’t have many legal options when facing wrongful termination. It’s sad, but even when your boss verbally abuses you and/or fires you for no reason, there’s still only a small likelihood of winning a wrongful dismissal claim.
Who can file a claim for wrongful termination?
- Those who have a work contract and have been dismissed in violation of the terms of the contract: although it’s not very common, a work contract offers much greater job security and legal benefits for employees. If the employer violates the work termination clause, contract law applies, and the employer is obligated to comply. The employer will have to put the employee in the same financial situation he or she would have been in if the work relationship had not ended.
- Those who belong to one of the following protected classes and were fired as a result of their identification with that class: protected classes in California are based on ancestry, age (forty or over), color, disability, genetic information, sex, sexual orientation and identity, marital status, medical condition, military or veteran status, race, religion, and others.
- Those who have been dismissed for asserting their legal rights: if you were fired because you requested that your employer offer a safe workplace, because you asked for adequate safety equipment, or because you testified against your employer.
- Those who have been dismissed for claiming their right to workers’ compensation benefits: if you have fallen or had some other accident during the time of your employment and were fired for applying for workers’ compensation benefits.
Those of you who are in any of the previously mentioned categories and have not allowed the statute of limitations to expire. In California, a lawsuit in a federal court must be filed within ninety days of having received the right-to-sue notice. You can obtain this letter by filling out a complaint form within three hundred days of the incident. In a state court, you have a year to sue after receiving the right-to-sue notice.
This Blog is made available by Grupo MedLegal for informational purposes only and does not provide legal or medical advice. The information provided on the Blog should not be used as a substitute for competent legal or medical advice from a licensed professional.