How To File a Wrongful Termination Lawsuit
By Gregory Thyberg on September 02, 2022
Like many other states, California adheres to at-will employment. At-will employment gives employers and employees the right to terminate employment at any time, without providing a reason. While it may seem like workers have no rights in an at-will employment state, that isn’t the case. No employer can terminate an employee for reasons that are illegal, or those that violate a worker’s rights.
Individuals in the Sacramento, CA, area who believe that they have been unlawfully fired can work with wrongful termination attorney Gregory Thyberg to hold liable employers accountable. Here, we discuss how to file a wrongful termination lawsuit and pursue just compensation for losses.
With a few specific exceptions, the burden of proof in a wrongful termination lawsuit generally falls on the plaintiff, or the fired employee. It is up to the plaintiff to provide evidence that shows the termination was unlawful, or in violation of existing employment laws. The best way to do this is through the presentation of evidence. Gregory Thyberg works with his Sacramento clients to gather the evidence necessary to demonstrate wrongful termination. But, prior to filing a lawsuit, terminated employees should gather as much documentation as possible to prove their employer was in the wrong.
Employees should take thorough notes about the circumstances of their termination, including any statements or derogatory comments that could have been made regarding the real reason for their firing, and contact information for anyone who may have been witness to such comments. Other documentation that often serves as valuable evidence in a wrongful termination case includes:
- The employee’s personnel file
- Past job reviews
- The termination or layoff notice
- Employment handbook or any copies of company policies
- Any existing employment contract
- Copies of inter-work communications (emails, memos, etc.)
- Pay stubs
Find an Attorney
Wrongful termination cases are often complex, and proving a claim can be challenging, especially in a state of at-will employment. When filing a wrongful termination lawsuit, it is extremely beneficial to work with a knowledgeable employment law attorney, such as Gregory Thyberg. An attorney understands federal and state laws, and how they pertain to each case. They also understand the type of evidence that is beneficial in a wrongful termination case, and can assist their clients in gathering essential documents and presenting a case that demonstrates wrongful termination.
File a Complaint
The specific process for filing a wrongful termination claim may vary based on the basis of the termination. For instance, if a wrongful termination lawsuit is being filed on the basis of a breach of contract, that claim is generally filed in civil court, in the city of employment. However, if a wrongful termination claim is made on the basis of discrimination or retaliation, a claim must first be filed with the Equal Employment Opportunity Commision (EEOC) or an appropriate state agency. Gregory Thyberg can file a complaint on behalf of his Sacramento clients to ensure that the process is done correctly and that the case is seen by the appropriate agency(ies).
If you believe that you have been wrongfully terminated, you may be due financial compensation for related losses. Attorney Gregory Thyberg can work with you throughout the stages of a wrongful termination lawsuit, and fight on your behalf for appropriate compensation. To schedule a legal consultation, send us a message online or call (916) 204-9173 at your earliest convenience.