Discrimination laws in California allow employees who have suffered wrongful termination to pursue an array of remedies outside of those pursued by government labor agencies. Employees are allowed to file private lawsuits and seek recovery fees from the defendant after filing a claim with the EEOC (see steps involved in filing a wrongful termination lawsuit in California). Keep in mind, if the employee is filing a claim with a government labor agency, wrongful termination claims must be made within one year of the termination, while all civil actions filed against an employer must be done so within three years of the termination.
Wrongful Termination Claims
Headlines routinely spotlight up to millions of dollars employees have recovered in punitive damages from the employers who fired them in bad faith. However, there is no guarantee that an employee filing a lawsuit against an employer will receive this form of compensation. Several other possible outcomes include:
- Job reinstatement
- Back pay
- Compensation due to the stress and suffering as a result of job loss
- Company policy changes ordered by the court to prevent any future occurrences of wrongful termination
Further, the difference between a contract-based wrongful termination claim and a claim based on a violation of public policy is significant. Damage awards in retaliation and discrimination cases can include compensation for economic losses, as in an implied contract case, but they also can include compensation for emotional distress caused by the employer's acts, and punitive damages, if the employer has behaved with malice,fraud, or oppression.
Clearly, the issues regarding wrongful termination are often highly complex and many specific facts may come into play. If you feel you have been a victim of wrongful termination, you can rely on the California employment lawyers at Kingsley & Kingsley to evaluate your claim and provide alternative courses of action. The Kingsley & Kingsley team has considerable experience in this area of employment law, and has filed countless claims against employers for wrongful termination, discrimination and harassment. Take advantage of a free initial consultation to discuss your specific case by calling the toll free number (888) 500-8469 or clicking here to contact us regarding your case.