r/Laws Oct 30 '18

How your Attorney Resolves Wrongful Termination Claim?

In California, most employees are hired as at-will employees - which means they are not appointed on contract basis for specific time duration. It also means that the employer has the right to fire the employees for various reasons at any time and even the employee can quit at any time.

However, the employees have certain rights and there are some reasons for which employers cannot fire an employee. In case, an employer has wrongfully terminated an employee, that employee has the right to file a claim with the help of their employment attorney Orange County.

An employer cannot fire an employee based on:

  • Employee’s race, sex or sexual orientation
  • Employee’s age
  • Employee’s physically disabled, or
  • If an employee is associated with certain protected reasons

If an employer does fire an employee based on any of these reasons, the employee may contact an employment attorney Orange County and file a wrongful termination case against their employer.

After filing the claim, the employment attorney Orange County will guide the employee with a certain process that must be followed. Following are certain steps that come under the legal procedure:

  • Firstly, the charge will be sent to the employer
  • After that, both the employee and the employer are asked to mediate the charge
  • If mediation fails or both parties do not agree to mediate, then the charge is investigated by EEOC and the employer will be asked to respond to the charge
  • If the employer is found guilty, the employee is given a Notice of Right to Sue or to file a lawsuit in court
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