Legal Question in Employment Law in California

Wrongful termination

I was terminated after injury at work. I filed a discrimination complaint with the FLHA. They accepted it and are waiting for the company to answer the complaint.

If they find a violation of the law and they determine that it was ''discrimination'',do I have to ask the FLHA to mediate or is better to request a right to sue certificate and look for a lawyer? .What's the best option? It will also be considered wrongful termination and retaliation? Is it easy to find a lawyer on a contingency base fee.


Asked on 1/10/07, 11:24 pm

4 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Wrongful termination

If you have a case with actual provable discrimination or other violation of the law, then get an attorney now. The agency is not going to timely assist you in any meaningful way, regardless of what you or they 'think' of the case. If you have such discrimination case, then attorneys would be interested in it, and generally will handle them on some form of contingency.

If there is no provable discrimination or other violation of the law, then your case will little to no value, and attorneys will not be interested. Unfair firing, 'wrongful 'termination' cases, without violation of the law, have no value other than modest lost income value.

Feel free to contact me if you actually think it qualifies as discrimination; this has been a speciality of mine for 20 years.

If your case is actually a WCAB retaliation case, you are pursuing the wrong claim process, contact a WCAB attorney.

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Answered on 1/19/07, 2:59 pm
James Peters Peters Law Group

Re: Wrongful termination

I am not sure what the FLHA is. In California, you are either working with the Department of Fair Employment and Housing (DFEH), the Equal Employment Opportunity Commission (EEOC), or the Worker's Compensation Appeals Board (WCAB).

It is almost always to your advantage to speak to a lawyer first and determine what your claim is worth and your chances of success.

We do most of our work on a contingency-fee basis and would be happy to speak with you. We offer free consultations and practice exclusively employee-rights law.

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Answered on 1/17/07, 7:14 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Wrongful termination

Sometimes the Department of Fair Employment and Housing will actually prosecute a case on behalf of the claimant, at no cost. Those are very rare occasions, though. Even if the DFEH were to conduct a mediation, it would be wise to have an attorney in your corner.

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Answered on 1/17/07, 8:09 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Wrongful termination

The DFEH is no substitute for having your own attorney to advise you. You should begin your search for a lawyer now. But do not ask for a right to sue letter until you have found an attorney who has agreed to take over your case.

Mediation can be a good thing, and you will have some pressure put on you to settle your case. You will need the advice of an experienced employment law attorney to help you evaluate your case.

Many attorneys do take cases on a contingency basis, but most lawyers are selective in doing so. In other words, the case has to be worth the risk of time and money. There is no way to know that until you have your case reviewed. I always suggest consulting with at least 3 attorneys because we are all different, with our approaches, experience, views and style. There are many good ones who have contributed on this website, so you could use this as a place to start.

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Answered on 1/17/07, 8:12 pm


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