What To Do in Your First 7 Days After Being Fired in California

Being laid off or terminated from a job may be one of the most stressful events a person can face, and such separations are not always lawful. People who have been fired can protect themselves and prepare for any necessary legal action by taking a few precautionary steps immediately following the termination. If you find yourself in this situation, it can be useful to know what to do in your first 7 days after being fired in California.

What Constitutes Wrongful Termination in California?

In California, both employers and workers are legally allowed to terminate a working relationship at any time and for any lawful reason. This is what is known as “at-will” employment. However, sometimes employers terminate employees for unlawful reasons and attempt to pass it off as a lawful termination. Some examples of reasoning that might make a termination unlawful include the following: 

• Discrimination. As many as 1 in 4 American adults live with some kind of disability. Around half of the workforce is made up of women. One may encounter people of every race, nationality, religion, and culture in the workplace. Laws like Title VII of the Civil Rights Act of 1964 prohibit discrimination in the workplace based on sex, race, and religion, while the Americans with Disabilities Act protects disabled workers.
• Retaliation. Sometimes, employers terminate employees as punishment for calling out unethical or illegal practices in the workplace. Employees may also be terminated for becoming pregnant or requesting disability accommodations. Any of these scenarios may constitute retaliation, which is an unlawful termination circumstance.
• Violation of public policy. If a person is fired for taking time off work to attend jury duty or vote, or if a person is fired for refusing to participate in illegal activity, the termination is likely wrongful.
• Contract breach. Some employees and employers have established contracts that guarantee work for a certain period of time. If an employer breaks the terms of a contract, the terminated employee may have grounds for a wrongful termination claim.

What to Do in the Seven Days Following Your Termination

How you handle the immediate aftermath of your termination can affect the overall outcome of any claim you try to bring against your employer. The following are some steps you should take to protect yourself and prepare for possible legal action: 

• Save your documents. The first thing you should do following a termination is save all of the documents that could possibly be relevant to your case. Examples could include an initial employment offer or contract, pay information, results of performance reviews, a copy of the employee handbook, and any other pertinent information.
• Write a narrative. The next step is to write down an account of events that led up to the termination. If you suspect the termination was wrongful, this narrative may help support that claim.
• Carefully consider any severance agreement. Your company may offer you a severance agreement following your termination. It is important that you do not sign any such agreement before reviewing it carefully and seeking the advice of an attorney. Some severance agreements require the terminated employee to waive their right to take legal action against the employer.
• Document your job search. If you do take legal action against your employer, it may be helpful for you to demonstrate that you are making an effort to find similar employment. This may support any claim you have of financial hardship as a result of the wrongful termination.
• Hire a wrongful termination lawyer. Another step you should take during the first week after being fired is to hire a wrongful termination lawyer to represent you as you seek justice.

These are only some basic initial steps you can take in response to a suspected wrongful termination. Your attorney should be able to advise you on other actions to take given the particulars of your situation.

FAQs

How Much Does a Wrongful Termination Lawyer Cost in California?

In California, many wrongful termination attorneys work on a contingency basis. This means they do not require an up-front fee for their services. Instead, they receive a percentage of any settlement they secure for their client. Attorneys understand that wrongful termination puts a significant financial burden on their clients, and that burden should not prevent people from seeking help.

Can I Collect Unemployment in California if I Was Wrongfully Terminated?

Yes, you can collect unemployment in California if you were wrongfully terminated. Your eligibility for unemployment has nothing to do with whether your termination was legal or ethical. It is a good idea to go ahead and apply for unemployment benefits as soon as you can after your termination to maintain financial stability to the greatest extent possible.

Who Do I Report a Wrongful Termination to in California?

The correct authority to whom to report a wrongful termination depends on the reason you think you were fired. For example, if you believe you were terminated because of pregnancy, you would report that termination to the California Civil Rights Department. If, on the other hand, you believe the termination happened because you reported illegal activity, you would file a report with the Labor Commissioner’s Office.

What Should You Not Do After Getting Fired in California?

Equally as important as what you should do after getting fired is what you should not do. If you have been fired in California, you should take care not to do anything illegal or unethical yourself. For example, you should make sure to only save documents that are already legally in your possession, rather than downloading or copying proprietary documents from your company to use in the case against them.

Need Legal Help? Hire a Wrongful Termination Lawyer

If you need assistance dealing with a potential wrongful termination, you should consult an experienced attorney with a track record of success in employment law. At Briana Kim, PC, we serve both English- and Korean-speaking clients throughout the Long Beach area, and we have years of experience advocating for clients in wrongful termination cases. Contact us today to discuss your needs.

Locations

249 East Ocean Blvd, Ste 814
Long Beach, CA 90802

6 Centerpointe Dr, Ste 700,
La Palma, CA 90623