According to the employment law in California, if you get fired from your job for illegal reasons, you have the right to sue your former employer for unlawful termination. You can hire an experienced and competent unlawful termination attorney to represent you and get you financial compensation or reinstatement. Before proceeding with the lawsuit, it is advisable to understand how the legal matter might proceed and the average payout you can expect.
What is unlawful termination?
Unlawful termination happens when your employer fires you from your job for reasons that violate public policies or your work agreement. While employment is on an at-will basis in California, it is illegal for employers to fire you for discriminatory reasons. For example, they cannot fire you because they have issues with your age, gender, color, race, religion, ethnic origin, nationality, marital status, health condition, or disability. They also cannot fire you for asserting your legal rights in the workplace, for refusing to follow illegal instructions, or in retaliation for complaining about unsafe conditions or unethical practices.
Additionally, if you have a work agreement that clearly lists the reasons that the employer can fire you, they cannot terminate you from your role for any other reasons. If you lose your job for any of these illegal reasons, you can consult an unlawful termination attorney and explore your legal options. Some attorneys accept cases on a contingency basis. It means they will charge their legal fees from you only if they win the unlawful termination case for you. If you lose the case, you do not have to pay them anything.
What are your legal options in case of unlawful termination?
As the unlawful termination attorney will advise you, you have the following legal options:
• The unlawful termination attorney can approach your former employer on your behalf and attempt to negotiate a settlement.
• If the negotiation attempt fails, you or the unlawful termination attorney can file a complaint with the DFEH or the EEOC.
• If the government agency fails to mediate and resolve the issue, you can get a right to sue notice from them.
• The unlawful termination attorney can file a complaint on your behalf with the court.
• If your former employer’s lawyer asks for a settlement, you can decide to take their offer and dismiss your lawsuit.
• In case, your former employer denies your claim, the matter will go to trial.
• The unlawful termination attorney will represent you in court and make every effort to protect your rights.
• After you win the trial, the court may award you financial compensation, damages, and attorney’s fees. In some cases, you may get reinstated in your job.
What is the average payout for unlawful termination?
The average payout for unlawful termination can range between $5,000 and $85,000. If you win your unlawful termination case, the court will typically award the following:
Compensatory damages
Compensatory damages award you financially for unpaid wages, missed wages, harm to your professional reputation, emotional distress, and mental suffering. The court may determine the amount based on what you might have earned if the employer had not fired you. The damages may also include interest on the compensation.
Legal expenses
Your former employer will have to pay you for the legal expenses you incurred in pursuing the unlawful termination lawsuit. They will have to pay for your lawyer’s fees, expert witness fees, and court costs.
Punitive damages
The court may direct your former employer to pay punitive damages as a form of monetary punishment. This usually happens when it has been proven in court that the former employer engaged in offensive behavior or did something heinous to harm you. The purpose of punitive damages is to deter the defendant from repeating their wrongful behavior in the future.
Reinstatement
Depending on the situation, the state court may order your former employer to reinstate you in your former job or give you another position in the company. It may not be a suitable remedy, though, if there is too much hostility between you and your former employer. If you refuse reinstatement, the court may choose to award you a specific amount that you might have earned if you had remained in the company.