In cases involving job losses such as wrongful termination, job terminations due to disabilities, pregnancy, medical conditions, or taking FMLA/CFRA, employees are entitled to lost wages. Lost wages are both future lost wages and past lost wages. Depending on the unemployment rate in the relevant county, relevant job, and personal factors such as age and any restrictions due to a disability, vocational experts may testify as to how long it takes to find a job. How long it takes to find a job is relevant to the issue of past lost wages. When the unemployment rate is higher for the relevant circumstances, it is understood it takes longer to find a job than when the unemployment rate is lower.
Whether an employee suing for a job loss should take a job to replace the job they were fired from depends on many circumstances. The applicable unemployment rate is one factor. The length of time the employee has looked for work is also relevant. While employees may not initially have an obligation to take a job that pays 20% less than the job they were fired from, that may change if they have spent in excess of six months looking for work, or there are few positions the employee is qualified for. If the replacement job to the one that is the subject of the lawsuit pays less that is considered future lost wages. Future lost wages can also include lost benefits such as health insurance, pension contributions, and potentially car allowances. Our local employment lawyers will advise you what your damages may be if you need to sue for wrongful termination.
If you have questions whether it is worthwhile to sue your employer for wrongful termination, or the loss of a job due to a medical condition, including, but not limited to a California FMLA claim otherwise known as a California Family Rights Act (CFRA) violation, racial harassment, or sexual harassment please call our experienced California labor lawyers at 877-525-0700. We only represent employees, we only do so on a contingency, and have been doing so since 1993.Our lawyers are here to prosecute violations for most Labor Code violations.
Our law firm does not represent employees before the EDD if the employee is seeking unemployment benefits. On occasion, we will help existing clients fight an unemployment issue if they had to quit their job due to an intolerable working condition which includes: sexual harassment, not being paid for wages due, a refusal to accommodate a disabling medical condition the employer should be able to accommodate, or a continued pattern of racial harassment. If these things did not happen to you, it is unlikely a California labor law firm will become involved in representing you in an unemployment claim or appeal before the EDD. Employees should be mindful of the costs of hiring a lawyer for an unemployment appeal. The value of legal services can exceed the value of unemployment benefits especially if the employee is only out of work for a week or two.
Employees need to be mindful that unemployment is not due if they quit for just any reason. The EDD is especially likely to deny unemployment benefits if the employee did not partake in reasonable efforts to work the problem out before quitting. Unemployment is also not due if the employee is fired for gross or willful misconduct. Repeated writeups for failing to come to work, being intoxicated and ruining company equipment, and fighting are probable disqualifiers from unemployment. California employees also need to be mindful that if they are unable to work due to a California FMLA leave they cannot claim lost wages during that period of time. The same is true if they declare themselves completely disabled and unable to work. They should, however, consult with the EDD as to what benefits they may be entitled to. If you are unemployed and have a case for unpaid wages, or sexual harassment you may feel you are ready to sue now that you are no longer employed. Please contact our employee only law firm at 877- 525-0700.
EDD stands for The Employment Development Department. The EDD processes claims for unemployment, short term disability, and various benefits. Our law firm does not get involved in dealing with the EDD over benefits issues. If you are an existing client of the firm, considering filing a case related to your job termination, or you plan to act lawfully, we strongly recommend that you are truthful and honest on your application for unemployment benefits. Making misrepresentations can cause employees to be denied unemployment. While the results of what occurs at the EDD are not supposed to be admissible in civil litigation, statements made under oath by the person bringing a lawsuit over their job may find the statement is admitted especially in arbitration.
Clients of our law firm who were wrongfully terminated, or otherwise lost their jobs for reasons we are able to sue for need to be mindful that the same obligation to look for work to replace the lost job exists both for our civil cases and the EDD. Employees who refuse to look for work cannot claim unemployment benefits. Employees involved in civil cases for their job loss who refuse to look for work cannot credibly claim lost wages. The exception might be if an employee was traumatically sexually harassed, or was the victim of racial harassment. In those circumstances, a qualified medical provider may take the employee out of work in order to treat for their traumatic experience. How to deal with the obligation to find a replacement job is something our labor law attorneys will counsel our clients on.
Employees suing for losing their job over a protected reason must also make reasonable efforts in their job searches. Employees who take months off from looking create periods during which they quite possibly cannot sue for lost wages.
The Employment Lawyers Group is here to help employees who are involved in employment disputes. The type of employment disputes we are involved in involve California employees who were fired from their jobs, are owed wages, were the victims of racial or sexual harassment, or suffered a work-related injury. Call 877- 525-0700 to start your wage recovery now.