Should I sign a severance agreement after a wrongful termination in Inglewood?
You should not sign any severance agreement without first understanding your rights. Signing a severance agreement can waive your ability to pursue a wrongful termination claim later.
An employer may offer a severance package when ending your employment. Often, these agreements include language requiring you to release all potential legal claims against the company. Before you sign such a document, it is wise to speak with an attorney to review the terms and ensure you are not giving up valuable legal rights.
Wrongful termination claims cover situations where an employer fires an employee for illegal reasons, such as discrimination, retaliation, or breach of contract. California law protects employees from these unlawful practices.
How long do you have to file a wrongful termination claim in Inglewood?
The time you have to file a wrongful termination claim varies by the specific legal theory of your case, but many claims have strict deadlines. For example, a claim against a city, county, or public agency in California must be presented within six months (Cal. Gov. Code § 911.2) before a lawsuit can be filed. Most other claims that involve personal injury or death, such as those related to physical or emotional harm from wrongful termination, must be filed within two years (Cal. Code Civ. Proc. § 335.1) from the date the cause of action accrued.
These deadlines can be complex and have exceptions. For instance, the deadline is generally paused while an injured person is a minor under Cal. Code Civ. Proc. § 352, but Cal. Code Civ. Proc. § 352(b) removes that pause for claims against public entities under the Government Claims Act. Only an attorney can tell you the precise deadline for your specific facts.
What you can recover depends on the specifics of your case. California law allows for recovery of lost wages and benefits, damages for emotional distress, and sometimes punitive damages, especially if the employer acted with malice or oppression.
What should you do after an unlawful termination?
After an unlawful termination, take these concrete steps to protect your rights:
- Do not sign documents releasing claims: If your employer offers a severance package, carefully review any document they ask you to sign. These documents often include clauses that waive your right to sue the company.
- Gather all employment records: Collect pay stubs, employment contracts, performance reviews, disciplinary notices, emails, and any other documents related to your employment and termination.
- Document everything: Write down details about your termination, including dates, names of individuals involved, and specific reasons given for your termination. Also, note any instances of discrimination, harassment, or retaliation you experienced.
- Seek legal advice promptly: Contact a California employment law attorney to discuss your situation. They can evaluate your case, explain your legal options, and help you understand the applicable deadlines.
- Focus on mitigation: Begin looking for new employment. California law generally requires you to make reasonable efforts to find another job to reduce your financial losses, which is called mitigating damages.
Taking these steps can help preserve your ability to pursue compensation for an unlawful termination.
Where do wrongful termination claims in Inglewood get filed?
A wrongful termination case originating in Inglewood is generally filed in the Superior Court of California, County of Los Angeles. Under Los Angeles County rules, a personal injury case, which can include certain damages from wrongful termination, is filed in the judicial district where the incident occurred and is assigned to that district's Personal Injury Hub department (LASC Local Rule 2.3; General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024). For Inglewood, this means your case would likely be filed at the Torrance Courthouse, located at 825 Maple Ave, Torrance, CA 90503.
What kinds of cases does Casa Legal Los Angeles handle for Inglewood workers?
Casa Legal Los Angeles helps workers in Inglewood with a range of employment law issues. Our practice focuses on protecting employee rights against unfair and illegal employer actions.
We represent employees in various wrongful termination scenarios, including those involving discrimination based on age, gender, race, religion, disability, or sexual orientation. We also handle cases where an employee was fired in retaliation for reporting illegal activities, taking protected leave, or complaining about harassment. Beyond wrongful termination, our firm also assists with other employment matters, including wage and hour disputes, severance negotiations, and other employee rights issues. Our goal is to ensure fair treatment and uphold the rights of all workers in Inglewood and other communities like Azusa or Commerce.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles means you have an advocate dedicated to your rights. We start by listening to your story and evaluating the specifics of your wrongful termination claim. This initial consultation allows us to understand the details of your situation and advise you on the strength of your case and the legal paths available.
We handle all aspects of your case, from gathering evidence and filing necessary paperwork to negotiating with your former employer or their legal team. Our aim is to recover the full compensation available under California law for your losses, including lost wages, benefits, and emotional distress. Our firm practices personal injury and employment law exclusively, and we serve clients across Los Angeles County, including those in Bell and Baldwin Park. Throughout the process, we keep you informed and ensure you understand each step. We believe in clear communication and transparent legal representation, focusing on achieving the best possible outcome for you.
Frequently Asked Questions
What is considered an unlawful termination in California?
An unlawful termination in California happens when an employer fires an employee for reasons that violate state or federal law, a contract, or public policy. This includes termination based on discrimination, retaliation for exercising a legal right, or breach of an implied employment contract.
Can I be fired without a reason in Inglewood?
In Inglewood, like the rest of California, most employment is "at-will," meaning an employer can fire an employee for almost any reason, or no reason at all, provided it is not an illegal reason. However, you cannot be fired for an unlawful reason such as discrimination, retaliation for protected activities, or in violation of an employment contract.
What damages can I claim in a wrongful termination lawsuit?
In a wrongful termination lawsuit, you can claim damages for lost wages and benefits you would have earned had you not been terminated. You may also be able to recover damages for emotional distress, and in some cases, punitive damages to punish the employer for egregious conduct. What you can claim depends on your specific facts.
How does a claim against a public entity differ in Inglewood?
A claim against a public entity in Inglewood, such as the City of Inglewood or a public transit agency, has a significantly shorter deadline. You must present a formal written claim to the public entity within six months of the wrongful termination (Cal. Gov. Code § 911.2). Failing to meet this deadline can permanently bar your right to sue.
If you believe you have been wrongfully terminated, speak with an attorney to review your facts. Call Casa Legal Los Angeles today at 888-585-2529 for a consultation. No attorney's fees unless we win — and no case costs either.
This content provides general legal information and does not create an attorney-client relationship. Deadlines have exceptions and must be confirmed with an attorney for your specific facts.