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Posted on November 15, 2022 | Wrongful Termination
Do you believe you were wrongfully fired? Whether it was a suspected discrimination firing, a retaliation firing, or a violation of public policy, being wrongfully terminated is not only frustrating to deal with but also illegal for an employer to do. And even if your employment was terminated years ago, you may still have legal actions you can take today for compensation. You will need to check the statute of limitations for wrongful termination in California to see if you still qualify.
If you believe you have a wrongful termination claim, Nosratilaw, A Professional Law Corporation is ready to assist you in obtaining the compensation you deserve. While there is a statute of limitations on wrongful termination, you might still have a case.
The statute of limitations on any case is the period of time over which an individual can file a claim regarding a specific offense or crime. The amount of time varies depending on the crime that has been committed. However, it will generally start when the victim of someone else’s illegal or wrongful conduct has been hurt in some way. It can also start when it is later discovered that the actions taken by the perpetrator caused harm that went unnoticed.
The statute of limitations typically has an expiration date after which a victim loses their ability to invoke their legal rights in a civil or criminal claim. If the victim files a claim after the statute of limitations has expired, the defendant can often have the case dismissed without facing serious consequences.
The reason the statute of limitations exists is to encourage victims to invoke their rights quickly and have the judicial system process the wrongdoing or crime as soon as possible. This both ensures that any evidence or memories of an incident will be fresher for the case while also preventing the defendant’s ability to repose.
There are a number of ways you can be wrongfully terminated in California.
In California, the statute of limitations is determined by the type of wrongful termination itself, but typically it will be between two and four years. It is important when filing to consult a wrongful termination lawyer to assist with managing the timeframe. There are several common wrongful termination cases in California, and each has its own statute of limitations.
A: This can vary depending on federal regulations, but most California-based wrongful termination laws have a statute of limitations for up to three years, though this can vary slightly. A FEHA claim has a three-year statute of limitations, but one can receive an extra year to file the claim in court, as you have three years to file the claim with the FEHA first.
A: There are numerous qualifying factors for varying wrongful terminations. Any firing based on discrimination based on a protected characteristic, or that infringes on your personal rights, is considered a wrongful termination. If you are fired because you fulfilled your obligations to keep the public safe, that is also a case of wrongful termination.
A: While it varies based on the type of wrongful dismissal, typically the range of time to file a claim is two to four years. It is best to file your claim as soon as the wrongful termination happens. Consulting with a wrongful termination attorney can assist you in gathering evidence and building your case while keeping the statute of limitations in mind.
A: While the resulting settlement can vary based on the legal team and other factors at play, the average settlement is around $70,000. An experienced attorney can help determine the value of your claim based on the facts and evidence available. It is best to keep records of any evidence that can help build your case to maximize your settlement.
If you are facing wrongful termination, you are not alone. Our firm is here to help you navigate this sensitive and hurtful situation and develop a case that accurately represents what happened to you. You can trust us to listen and provide compassionate, reliable legal advice. Contact Nosratilaw, A Professional Law Corporation today to find out how we can help you with your wrongful termination.