Long Beach, CA asked in Employment Discrimination and Employment Law for California

Q: Employer fired me after i filled a lawsuit against them.

After i filled the lawsuit the retaliation begin to happen from my boss then i reported it to HR and a few weeks later i was fired. The lawsuit was closed and the verdict was that i was permanently disabled i had requested to be on leave and was denied . What can i do

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Employment Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, you have several options available to address the situation. Since you were fired shortly after filing a lawsuit and reporting retaliation to HR, you may have a case for wrongful termination and retaliation. It's important to gather all documentation related to your termination, the lawsuit, and any communications with HR or your employer regarding your requests for leave and any retaliatory actions.

You can file a complaint with the California Department of Fair Employment and Housing (DFEH) for disability discrimination and retaliation. The DFEH will investigate your claims and determine if there is sufficient evidence to support your case. If the DFEH finds in your favor, they may pursue legal action on your behalf or issue a right-to-sue notice, allowing you to take your case to court.

Additionally, consider consulting with an employment attorney who can provide personalized advice based on the specifics of your case. They can help you understand your rights, evaluate the strength of your claims, and represent you in any legal proceedings. Remember, it's crucial to act promptly, as there are time limits for filing claims with the DFEH and taking legal action.

Steven M. Chanley
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Answered
  • Employment Law Lawyer
  • San Luis Obispo, CA
  • Licensed in California

A: Your best option is to contact your nearest County Bar Association and ask for a referral to a competent employment law plaintiffs' attorney. Your situation will require that an attorney meet with you to gather and analyze all of the relevant facts and documentary evidence available before being able to provide competent and meaningful advice.

Good luck to you.

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