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One misstep in an Orange County wrongful termination claim can delay your case, weaken your position, or result in its dismissal entirely. Understanding the most common mistakes workers make can help you avoid them and increase your chances of a successful outcome.
California has strict deadlines for filing wrongful termination claims. Depending on the type of claim, you may have only one year (under the Fair Employment and Housing Act) or 180 to 300 days (under federal law) to file with the appropriate agency. Waiting too long can permanently bar your right to sue.
What to do: Consult an wrongful termination attorney in Orange County as soon as possible after your termination to understand your filing deadlines and preserve your legal options.
Emails, text messages, performance reviews, HR complaints, and witness statements can all strengthen your claim. Without this documentation, it becomes your word against your employer’s.
What to do: Save all relevant communications, write down what happened while it is still fresh in your mind, and gather supporting documents that show a pattern of unfair treatment or retaliation.
California is an “at-will” employment state, meaning employers can generally terminate employees for any reason or no reason at all. However, they cannot fire you for illegal reasons, such as discrimination, retaliation, or refusing to engage in unlawful conduct.
What to do: Do not assume that at-will status means you do not have a case. If your termination violated public policy or was based on a protected characteristic, you may still have a strong legal claim.
Some employees wait until they are fired to report issues like harassment, safety violations, or wage theft. By that point, it may appear to the employer that the complaint is made out of retaliation rather than genuine concern.
What to do: If you experience discrimination, retaliation, or illegal conduct in the workplace, report it internally to HR or a supervisor in writing. This creates a record and shows you followed proper channels before taking legal action.
Wrongful termination claims in Orange County often involve complicated legal standards, strict procedures, and aggressive defense by employers. Trying to handle your case alone can result in missed deadlines, poorly presented facts, or undervalued damages.
What to do: Hire an experienced Orange County employment law attorney quickly so they can guide you through the process from beginning to end. An attorney can assess the strength of your case, handle agency filings, negotiate settlements, and represent you in court if needed.
Employers often offer severance pay or benefits in exchange for a signed release of all legal claims. Many employees accept the offer without realizing they are waiving their right to sue for wrongful termination.
What to do: Never sign a severance agreement without reviewing it with an Orange County employment lawyer. You may be entitled to significantly more compensation than what is initially offered.