What are the first steps I do when I was laid off from my job---I believe it was wrongful termnination and discrimination--and how do I go about collecting unemployment at the same time--I was advised to seek an unemployment attorney and do I find one that does it on a contingency basis? Thank you and have a good night-- Lesley :)
2 Answers from Attorneys
If you are going to pursue a wrongful termination claim, you would be wise to speak to an employee-side labor lawyer. You will likely need to file a claim with the Department of Fair Employment and Housing, and obtain a right-to-sue letter.
You likely do not need an attorney to apply for unemployment, unless your employer decides to challenge your application. You would apply with the EDD.
Generally, discrimination and/or wrongful termination claims must be based on unlawful conduct as opposed to basic unfairness. For example, the California Fair Employment and Housing Act prohibits employers from discriminating, harassing, or retaliating against employees because of their race, age, gender, sexual orientation, sexual identity, disability, medical condition, national origin, ancestry, religion, marital status, and/or military status or service. If you believe your termination was based on any of those characteristics, you may indeed have a claim for discrimination and/or wrongful termination.
There are also other potential claims, though without a factual summary of what happened and why you believe you were actually fired, it is impossible to assess your situation. If you would like further information, please feel free to contact our law firm, Sarnoff + Sarnoff, at (877) 877-2545. You can also go online to our website, www.sarnofflaw.com, and complete our Confidential Online Case Evaluation Questionnaire, which will provide us with enough information to complete an initial analysis of your potential case.