Many people in California have jobs and rely on those jobs to provide for themselves and their families. They may not all love their jobs and in some cases may hate their jobs, but continue to work them in order to receive the income they need. So, when people are fired from their jobs it can be very devastating for them and their families. In many instances there is not much they can do about it though except to look for another job and hopefully find one quickly.
However, there are some instances that the person was not fired for legal reasons. While employers do have a lot of freedom when firing employees, they cannot fire them for discriminatory reasons. These reasons could be based on the person’s race, religion, sexual orientation gender, age and other factors. If they do, the employee may be entitled to compensation through a wrongful termination lawsuit.
However, in most instances the person cannot file a lawsuit right away. First the employee must file a charge with the Equal Employment Opportunity Commission (EEOC). The EEOC will then investigate the charge and determine whether there was discrimination. After the investigation is complete the employee could request a Notice of the Right to Sue.
This notice is required prior to filing the lawsuit in federal court. In many situations the employee must give the EEOC 180 days to investigate prior to receiving the Notice of the Right to Sue, but in some situations they could request it sooner.
California is known as an at-will state meaning that employers can generally fire employees for any reason just like employees can quit for any reason. However, employees do have protections from being discriminated against. If they are, they could file a lawsuit against the employer, but first must file a charge with the EEOC and receive a Notice of the Right to Sue. Experienced attorneys understand the process and complications of these matters and may be a useful resource.
Source: www.eeoc.gov, “After You Filed a Charge” accessed on May 8, 2018