You may file your claim online or through the mail. Understanding who falls into the employee category, as opposed to an independent contractor, can be confusing. The 180-day filing deadline may be extended to 300 days if … They need not be, however. If we can identify a statute or statutes that were violated, then we’re able to articulate that the termination was actually wrongful and we’ll bring a claim called wrongful termination and violation of public policy. Basic Elements Of A Wrongful Termination Claim In most cases, an employer can choose to terminate a working relationship with an employee at any time. In California, only an employee can file a claim or lawsuit against their employer for wrongful termination. Contact our office today. ⁠7 The exact definition of the word “employee” will depend on the type of harm that the worker has alleged. Thus, claimants with discrimination, harassment, retaliation, or wrongful termination claims arising under California law, must comply with two deadlines. The SOL for filing a wrongful termination lawsuit in California depends on the circumstances of that claim – in other words, it depends on the reason that your employer terminated you. The statute of limitations is the deadline to file a lawsuit. Wrongful termination because of discrimination or harassment first requires a claim be brought to the Department of Fair Employment and Housing (“DFEH”) within one year of the termination. But this is not a comprehensive list of California employment rights, which are some of the most protective of employees in the nation. The claimant then has one year from the date of the “Right-to-Sue” letter to file a lawsuit under FEHA. ⁠6 This is because a wrongful termination claim requires an employer to end the employment relationship. (Learn more about wrongful termination in the context of COVID-19.) Determine what type of claim you are filing with the EEOC. If there is a contract which claims that you are employed for a specific period of time or limits your employer to fire you then your employer must hold up to that. Such claims result from an alleged violation of federal or state anti-discrimination laws, employment contracts or labor laws, including whistle-blower laws. We spend a lot of the time identifying those claims in which the termination actually violated California law or federal law. In the state of California a charge must be filed with EEOC within 180 days from the date of termination. Filing a Wrongful Termination Claim If you believe you have been fired for an unlawful reason, you may have questions about filing a wrongful termination claim. But the distinction is a very important one because only an employee may file a wrongful termination claim in the state of California.. Fortunately, the California Labor Code and recent case law spell out the differences between an employee and an independent contractor. If you think you were wrongfully fired, you should consult with an employment lawyer for advice. West Coast Employment Lawyers is open 24/7 and fully operational during the COVID-19 quarantine. This article covers some of the common legal grounds you might have for suing your employer in California for wrongful termination. Wrongful Termination Resulting From Harassment, Discrimination, & Retaliation If the other person is not doing so, it comes under California wrongful termination laws and you can make a claim against your employer. A wrongful termination claim can be filed in a court of law if an employee believes he or she has been ‘illegally’ fired from the job. How to file a wrongful termination claim. Constructive termination is considered the same as involuntary termination and is a cause for a wrongful termination suit. 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