In a previous blog, we covered the elements of a wrongful termination lawsuit in California, as well as the different violations that could constitute the grounds for taking legal action. In this blog, we will go over how to win your lawsuit by gathering strong evidence that proves how and why your employer unlawfully fired you. Here’s where to begin:
- Ask your employer why they terminated your employment. Ask your employer if they can put in writing the reasons for terminating your employment. Take notes yourself, if you can. However, do not record the conversation without first getting your employer’s consent; recording without permission is prohibited by law in California.
- Ask to see your personnel file. This includes documents, notes, and records of any sort. Your employer may not be legally obligated to hand over copies, but it never hurts to ask. If your employer refuses, your attorney can subpoena them after you file your lawsuit.
- Keep a journal. The more details, the better. Get down the names and contact information of anyone involved in your termination, as well as witnesses. If you believe there was a double standard in place, include references to other employees who may have received preferential treatment.
- If you believe you have been discriminated against, file an EEOC complaint. Makes copies of your application and any correspondence from the EEOC. Once you receive a “right to sue” letter, you will be able to file your federal discrimination lawsuit; however, file as soon as possible since you may have a very limited window to do so before forfeiting the right.
- Look for a new job. Not only will this help you mitigate your damages, but you will also look better in the eyes of the potential jury.
The laws and procedures regarding employment law cases are complex. Therefore, it is important to discuss your issue with an experienced wrongful termination lawyer as soon as possible to ensure that you take the proper steps to preserve your rights. To receive a free, comprehensive case evaluation, call Wilshire Law Firm at (213) 805-8549. With 20 office locations throughout California, we can represent you, wherever you are.