If somebody is fired and believes that it was a wrongful termination, but then passes away before they litigate a claim against their employer, can an estate in California pursue the claim for the benefit of the heirs?
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If somebody is fired and believes that it was a wrongful termination, but then passes away before they litigate a claim against their employer, can an estate in California pursue the claim for the benefit of the heirs?
It's possible for a wrongful termination lawsuit to be continued even after the employee passes away. See, e.g., Antis vs. Los Angeles Unified School Dist. However, the question of future damages may be significantly affected by the death. The administrator of the estate should discuss the possible claim and its viability with the attorney for the estate and, if possible, with the plaintiff-side employment lawyer who was advising the decedent.