Not everyone can roll with the punches when they lose a job. In fact, some people will have the right to take appropriate action as their termination was wrongful. If this is the case, then you might have the right to sue or file an administrative complaint against your employer.
But there are other tasks you need to complete in this unpleasant situation. If you are unsure what to do, then you are in luck. This post explains what you should consider after unjust job loss as a Sacramento worker.
Document Your Termination
Although you might not be thinking clearly right now, gathering evidence of your termination is essential, especially if you believe it was unfair. Proper documentation helps build a case by creating a clear timeline of events and showing that the termination was for an illegal reason. It also provides proof of your performance, which can demonstrate how well you performed your job.
Key aspects of evidence to document include communication, company policies, HR complaints, performance reviews, and witness information. Saving all relevant documents can support your case later, particularly if you decide to pursue legal action.
When you start documenting your job loss, collecting and preserving the termination paperwork and other records is crucial. This includes relevant emails, text messages, and communications with your employer, HR, and coworkers. The details of the termination should be recorded immediately after it occurs, as the information will be freshest in your mind.
Consult an Employment Lawyer
If you decide to pursue legal action, reaching out to an employment lawyer is crucial. They can help you assess whether the termination was unlawful and guide you through California’s complex labor laws. Since federal and state employment laws in California are frequently updated, it can be hard to stay current. A reputable attorney will stay informed about these regulations and determine if your situation involves an illegal termination.
California might be an “at-will” employment state, meaning any employer can fire employees without cause. However, this does not mean someone can be fired for an illegal reason. Examples include breach of contract, discrimination, retaliation, and violation of public policy. Fortunately, there is support available for Sacramento workers in this situation.
Before consulting a lawyer, you will need to find a suitable firm or individual. They must have experience in California employment law; consider limiting your search to the Sacramento area. Most law firms will have websites and client reviews that can be used to gather information and gain an understanding of previous cases like your own.
Only once you have selected the appropriate attorney and set up the consultation can you evaluate their fit. The circumstances of your job loss should be explained as well as why you believe it was unjust. You should bring the documentation previously prepared to this meeting. If you feel confident with this lawyer and communication is seamless, then they are likely a good fit for you.
File a Complaint with the EEOC
With the help of an employment lawyer, you might realize that your job loss was due to discrimination. In this situation, you should file a complaint with the Equal Employment Opportunity Commission (EEOC). Federal law prohibits discrimination in employment. Therefore, filing a complaint will likely initiate an investigation.
The EEOC Public Portal can be used to file a complaint. This must be completed within 300 days of the incident. Your contact information, the employer’s information, a description of the discriminatory action and date, and the basis for your discrimination claim should be included in your charge.
You might also choose to “dual file” with the California Department of Fair Employment and Housing (DFEH) to be covered under both federal and state laws.
To conclude, unjust job loss can be an unpleasant experience to maneuver. Not only will you be facing great uncertainty through loss of earnings, but you might see your stress levels skyrocket. In this situation, there are three key tasks to complete, as outlined by this post.
