Losing a job can be very difficult in California. It happens to many people, but the circumstances that lead to the firing can vary. Sometimes the reason the person is fired is because the company is experiencing a downturn and they can no longer afford to have an employee on the payroll. Other times it is because the employee is no longer doing their job at an acceptable standard and the company feels the need to replace the employee with someone who will do the job correctly.
Both of those types of firings are generally legal, but from time to time companies fire employees for illegal reasons. Generally illegal reasons include firing a person based on discrimination due to person’s race, sex, sexual orientation, age, because they have a disability or because they are in other protected classes. Also, sometimes companies will fire an employee for retaliatory purposes because they reported illegal activity or participated in an investigation.
If an employee is fired for an illegal reason they may be entitled to compensation as a result through a wrongful termination lawsuit. However, like many other types of lawsuits, these types of cases are often times resolved with a settlement before a trial. It is important for employees to understand what they may be entitled to though so they end up with a good settlement.
Employees can receive compensation for income loss as a result of the firing. That includes back pay while they were unemployed and future pay if the employee still has not found other employment at the time of the settlement. They may also receive compensation for loss benefits. So, for example, they may be able to recover payments they made for medical insurance after being fired. They could also recover for mental anguish they suffered as a result of being fired.
Many people in California are wrongfully terminated and may enter into settlement negotiations after filing a wrongful termination lawsuit. Understanding one’s rights is important though so they receive a fair settlement. Experienced attorneys understand what employees are entitled to and may be a useful resource in these matters.
Source: www.employment.findlaw.com, “Wrongful Termination Settlements: What Can I Expect?” accessed on March 27, 2018