Wrongful termination can be a stressful and frustrating experience for anyone. A sudden layoff could leave you feeling betrayed and hopeless, especially if you were fired from a job you enjoyed or had been in for a long time. If you encounter yourself in this situation, it is crucial that you know your rights and know what mistakes to avoid if you decide to pursue legal action. Below we show you the main mistakes to avoid in cases of unfair dismissal.
Not understanding the law
California has strict laws regarding wrongful termination, so it is necessary to understand them to ensure that your rights are adequately protected. While the state deals with voluntary termination, there are certain exceptions to this rule: If you believe you were terminated for an illegal reason, such as discrimination, retaliation, or whistleblowing, you may have a wrongful termination case.
Not documenting everything properly
Documentation is critical in any legal case, and wrongful termination cases are no exception. You need to keep detailed records of all interactions that, in the eyes of your employer, led to your termination. This includes emails, text messages, performance reviews, and any other relevant documents. This documentation can help support your case and prove any illegal actions your employer took.
Share details of your case on social media
It is essential to avoid sharing potential details of your case on social media. While it can be liberating to vent your frustrations online, anything you post on social media can be used against you in court. Therefore it is best to keep your case private and only discuss it with your lawyer.
When filing a claim for unfair dismissal, it is essential to keep in mind that these types of cases can be complex and time consuming. Additionally, it is necessary to have a realistic expectation of what you can achieve through legal action. A verdict in your favor can guarantee you compensation for lost wages, benefits, emotional distress, and, in some cases, punitive damages. However, these amounts will be subject to strict review relative to amounts directly related to your salary and other benefits.