What happens if your employer wrongfully fires you in El Segundo?
If your employer fires you unlawfully in El Segundo, you may have the right to seek compensation. California law protects employees from termination based on discrimination, retaliation for reporting illegal activities, or breach of an employment contract. Your claim's strength depends on specific facts, like the reasons given for your termination and whether proper procedures were followed.
How long do you have to file a wrongful termination claim in California?
Most California wrongful termination claims must be filed within two years, according to California Code of Civil Procedure § 335.1. This two-year period typically starts from the date of the wrongful termination. However, if your claim involves a public entity, like the City of El Segundo or a local school district, you must present a written claim within six months from the date of the incident (California Government Code § 911.2) before you can file a lawsuit. The deadline is generally paused while an injured person is a minor under CCP § 352, but § 352(b) removes that pause for claims against public entities under the Government Claims Act.
A wrongful termination claim can allow you to pursue the full compensation available under California law. This might include lost wages and benefits, emotional distress, and in some cases, punitive damages if the employer's conduct was particularly egregious under California Civil Code § 3294(a). What a claim is worth depends on the specific facts of your situation.
What kinds of wrongful termination cases do we handle in El Segundo?
Casa Legal Los Angeles helps El Segundo workers who have been unlawfully terminated. This includes situations where an employer fires an employee for reasons that violate state or federal law. For example, if you were fired because of your age, race, gender, religion, disability, or sexual orientation, that could be discrimination. Retaliation is another common basis for a claim, such as being fired after reporting workplace harassment, refusing to engage in illegal activity, or taking protected leave. We also assist employees with other workplace issues, such as those related to employee rights in El Segundo or severance agreements. You can learn more about these protections on our main wrongful termination page.
We work with employees across Los Angeles County, including those in nearby communities like Commerce, Azusa, and Baldwin Park, to address their unique employment law issues.
Where do El Segundo wrongful termination claims get filed?
Wrongful termination lawsuits involving El Segundo residents are generally filed in the Superior Court of California, County of Los Angeles. Under Los Angeles Superior Court Local Rule 2.3 and the General Order re Assignment and Transfer of Personal Injury Cases (effective May 17, 2024), a case is typically filed in the judicial district where the incident occurred. For El Segundo, this often means your case will be heard at the Torrance Courthouse, located at 825 Maple Ave, Torrance, CA 90503. However, court catchment boundaries can change, so it's always wise to confirm the correct filing location with an attorney for your specific situation.
What should you do after a wrongful termination?
- Document everything: Keep detailed records of your employment, including your hire date, position, salary, performance reviews, and any communication related to your termination. Note dates, times, and names.
- Request your personnel file: California law allows employees to inspect their personnel files. This can provide valuable information about the employer's stated reasons for termination.
- Avoid signing anything hastily: Do not sign any documents, especially severance agreements or releases of claims, without understanding your rights and consulting with an attorney. You might waive your ability to pursue a wrongful termination claim.
- Speak with an attorney: An attorney can review the facts of your case, explain your legal options, and help you understand the deadlines that apply.
- Do not destroy evidence: Preserve all relevant documents, emails, texts, and other forms of communication that relate to your employment and termination.
What is involved in working with Casa Legal Los Angeles?
When you work with Casa Legal Los Angeles, we start by listening to your story and thoroughly reviewing the details of your termination. We collect evidence, interview witnesses if necessary, and assess the legal grounds for your claim. Our goal is to build a strong case designed to achieve the best possible outcome for you.
We handle all communications with your former employer or their legal counsel, file necessary paperwork, and represent you in negotiations or, if needed, in court. We concentrate our practice on personal injury and employment law, using our experience to advocate for workers who have been treated unfairly. Our firm also handles cases related to workplace safety in El Segundo. We offer representation on a contingency fee basis. This means no attorney's fees unless we win — and no case costs either.
Frequently Asked Questions
How is a wrongful termination claim different from unemployment benefits?
A wrongful termination claim seeks to recover damages from your former employer for unlawful conduct, such as lost wages, benefits, and emotional distress. Unemployment benefits, on the other hand, are a safety net provided by the state to individuals who are out of work through no fault of their own, providing temporary financial assistance while they seek new employment.
Can I be fired for any reason in California?
California is an "at-will" employment state, meaning employers can generally terminate an employee for any reason, or no reason, as long as it is not an illegal reason. However, you cannot be fired for discriminatory reasons, in retaliation for protected activities, or in violation of an employment contract or public policy. The specific reason for your termination matters.
What if my employer claims I was fired for poor performance?
Even if an employer cites poor performance as the reason for termination, you may still have a wrongful termination claim if that reason is a pretext for an unlawful motive. An attorney will look for inconsistencies in your performance reviews, disparate treatment compared to other employees, or a sudden change in stated performance issues immediately after a protected activity like reporting harassment.
What are the deadlines for a wrongful termination claim in El Segundo?
For most wrongful termination claims arising in El Segundo, you have two years from the date of termination to file a lawsuit under California Code of Civil Procedure § 335.1. However, if your employer is a public entity, such as the City of El Segundo, you must first file a formal claim with that entity within six months of your termination as per California Government Code § 911.2. Missing these deadlines can result in losing your right to pursue a claim.
If you believe you have been wrongfully terminated in El Segundo, contact Casa Legal Los Angeles at 888-585-2529. We can discuss your situation and help you understand your options. No attorney's fees unless we win — and no case costs either. This is general legal information, not legal advice for your specific situation, and creates no attorney-client relationship. Deadlines have exceptions and must be confirmed with an attorney for your own facts.