Wrongful Termination
A wrongful termination suit in California has to establish four elements: an employee’s entitlement to continued employment, a loss of wages, and an employer’s breach of contract. The fourth element is usually the toughest to prove. The attorney representing a former employee must prove that (a) there was a breach of the employees’ contractual rights and (b) there was an actual inability to continue employment by the employer. To do this the attorney often relies on the terms of the employee’s contract.
If an employee has been wrongfully terminated, he or she may be owed compensation for emotional distress as well as for their wages. An emotional distress claim is based on two main elements-the extent of the employees’ emotional distress and the period during which the employees have suffered loss of wages as a result of the employer’s wrongful termination. An employee also may be entitled to other types of damages such as pain and suffering, but attorneys generally handle emotional distress cases exclusively. An emotional distress attorney should be retained on this issue only if it appears that the employee’s loss of wages and suffering was a direct result of the employer’s wrongful termination.
To pursue an emotional distress claim in California, an employee must show that he has fallen victim to wrongful termination. As long as there is some evidence that an employer was acting in bad faith (for example, if the employer ignores requests for progress reports or fails to make accommodations for disabilities), there is probably enough evidence to establish negligence. There are many factors that can go into determining whether an employer was acting reasonably in a particular situation. An experienced attorney can help you develop this evidence and present it to the court. In addition, an attorney can help to protect your right to recover lost wages and help to reduce your potential liabilities.
Wrongful Termination Claims and the California Facts
Another common case in which an employee may seek compensation for emotional distress is when he or she is wrongfully discharged from his or her job for any reason. If you were a part of a wrongful termination policy implemented by your former employer and were subjected to this policy, you may be able to recover damages for your loss of wages and suffering. Similarly, a policyholder who is wrongfully fired for submitting inaccurate information or for failing to meet deadlines may also be eligible for a cash advance or other similar assistance. In some cases, the former employer is not responsible for these expenses.
The best way to evaluate the potential strength of a wrongful termination claim is to hire a skilled wrongful termination lawyer in California. In California, the statute of limitations for filing a wrongful termination claim is one year. However, even if you file more than one year before your claim becomes final, your claim will most likely be delayed until a year after the statute of limitations expires. To prevent unnecessary delays in processing your claim, your attorney should seek advice from experienced trial lawyers in California. In addition to obtaining advice about your case, your attorney will also know how to better protect your interests in the process.
As a former employer may face serious legal actions, he or she may also be prepared to settle out of court for a number of reasons. Even if you are dissatisfied with your former employer’s actions, you may not have enough evidence to successfully sue your employer in court. If you do choose to pursue such a case in court, an attorney on your side will be much more effective at winning your claim for monetary compensation. Therefore, you should strongly consider hiring an experienced employment attorney in California to represent your claim. At the very least, your attorney will obtain the best possible settlement or judgment on your behalf.