What if your employer fired you without a good reason in Cerritos?
California is an "at-will" employment state, but that does not mean an employer can fire you for any reason at all. There are many exceptions to "at-will" employment. If you believe your termination from a job in Cerritos was illegal, California law provides avenues to seek justice and compensation.
You might have a wrongful termination claim if your employer fired you because of discrimination, retaliation, or in violation of an employment contract or public policy. Understanding these exceptions is the first step toward protecting your rights as an employee.
Where do you file a wrongful termination claim in Los Angeles County?
If you need to sue an employer in Los Angeles County, your case generally files in the judicial district where the incident occurred. It then assigns to that district's Personal Injury Hub department, according to LASC Local Rule 2.3 and the General Order regarding Assignment and Transfer of Personal Injury Cases, effective May 17, 2024. For Cerritos, this often means your case would be heard at the Norwalk Courthouse, located at 12720 Norwalk Blvd, Norwalk, CA 90650.
A claim against the City of Cerritos, Los Angeles County, or a related public agency has different rules. You must present a formal claim within six months (Cal. Gov. Code § 911.2) before you can file a lawsuit.
What steps should you take after a wrongful termination?
Being fired unfairly can be shocking and upsetting, but taking specific actions protects your potential legal claim:
- Document everything. Write down all details you remember about your termination, including dates, names of supervisors, witnesses, and the reasons given for your firing. Keep copies of all employment documents, such as your offer letter, performance reviews, employee handbook, and any communication related to your job or termination.
- Do not sign anything you do not understand. Your employer might offer a severance package in exchange for signing a release of claims. It is wise to have an attorney review any such document before you sign it.
- Do not delay seeking legal advice. Deadlines matter a lot in wrongful termination cases. Talking to an attorney early helps you understand your rights and avoids missing critical filing periods.
- Seek mental health support if needed. Wrongful termination is emotionally taxing. Your well-being is important, and support can help you cope with the stress.
- Gather evidence of your damages. Keep records of lost wages, job search efforts, and any other financial harm caused by the termination.
How long do you have to file a wrongful termination lawsuit?
The time you have to file a wrongful termination claim depends on the specific facts of your case. For most personal injury claims, including some aspects of wrongful termination, you have two years from the date of the injury (Cal. Code Civ. Proc. § 335.1). However, some wrongful termination claims, especially those involving discrimination or retaliation, have shorter deadlines through administrative agencies like the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).
If your claim is against a city, county, or other public agency in California, you must first present a written claim within six months of the incident (Cal. Gov. Code § 911.2). This six-month deadline applies even if the injured person is a minor, as Cal. Code Civ. Proc. § 352(b) removes the typical tolling for minors in claims against public entities.
California law allows you to seek various types of recovery. These can include lost wages and benefits, emotional distress, and in some cases, punitive damages.
What kinds of employment issues can lead to a wrongful termination claim?
Many unlawful reasons can underpin a wrongful termination. You might have a claim if your employer fired you for reasons such as:
- Discrimination: Firing someone based on their age, race, gender, sexual orientation, religion, national origin, disability, or other protected characteristics. Learn more about employee rights in Cerritos.
- Retaliation: Firing an employee for reporting illegal activities, filing a complaint about workplace safety, or participating in a protected activity. This could include reporting wage violations or harassment.
- Whistleblower protection: Terminating an employee for exposing unlawful conduct by the employer, such as fraud or violations of workplace safety regulations.
- Breach of contract: If you had an implied or explicit employment contract, and your employer fired you in violation of its terms.
- Violation of public policy: Firing an employee for exercising a legal right, like taking family leave, serving on a jury, or refusing to commit an illegal act.
Casa Legal Los Angeles represents employees throughout the region, including in nearby communities like Azusa, Baldwin Park, and Bellflower. Wrongful termination is a complex area of law, and your specific facts determine if you have a viable claim. Exploring your options with an attorney can clarify your path forward.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles, we start by listening to your story. We gather all the facts about your employment and termination to determine if California law protects you. We then explain your rights and the legal options available.
We handle all aspects of your claim, from filing necessary paperwork with administrative agencies to negotiating with your former employer or their legal team. Our goal is to recover the full compensation available under California law for your losses, including lost wages, benefits, and emotional distress. Our firm concentrates on personal injury and employment law, fighting for workers' rights across Los Angeles County. We offer dedicated representation for various employment issues, including executive employment matters and other wrongful termination claims.
Frequently Asked Questions
What is "at-will" employment in California?
California is an "at-will" employment state, meaning an employer can generally terminate an employee at any time, for any lawful reason, without notice. Similarly, an employee can leave a job at any time. However, this rule has significant exceptions, including protections against discrimination, retaliation, or termination in violation of a contract or public policy.
Can I be fired for refusing to do something illegal?
No, an employer cannot legally fire you for refusing to participate in an illegal act. This type of termination falls under the "public policy" exception to at-will employment, meaning your employer fired you for acting in a way that benefits the public good, which is unlawful.
Do I have to go through a government agency before filing a lawsuit in Cerritos?
For many types of wrongful termination claims, such as those involving discrimination, harassment, or retaliation, you must first file a complaint with a government agency like the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). This administrative step is a prerequisite to filing a lawsuit in court for those specific claims and has its own strict deadlines.
What kinds of compensation can I seek in a wrongful termination case?
In a successful wrongful termination case, you can generally seek recovery for several types of damages. These often include back pay (lost wages from the termination date to the present), front pay (lost future wages), lost benefits (health insurance, retirement contributions), and damages for emotional distress. In some cases, punitive damages may also be available if the employer's conduct was particularly egregious.
If you believe you were wrongfully terminated from your job in Cerritos, call Casa Legal Los Angeles today at 888-585-2529 for a confidential consultation. We are here to help you understand your rights and pursue justice. No attorney's fees unless we win — and no case costs either.
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