Wrongful Termination Attorneys in San Diego: How We Can Help You

Wrongful termination refers to a situation where an employee is dismissed from their job for reasons that are illegal, unjust, or in direct violation of established public policy, specific statutes at the federal, state, or local level, or the explicit terms of an employment contract or implied agreement.

While many employment relationships are “at-will,” meaning either party can terminate the relationship for any reason or no reason, this “at-will” doctrine has significant exceptions, and employers cannot fire employees for unlawful reasons.

Such unlawful reasons for termination are varied but often fall into several key categories:

Discrimination: It is illegal for an employer to terminate an employee based on protected characteristics. These characteristics typically include race, color, national origin, religion, sex (encompassing pregnancy, childbirth, sexual orientation, and gender identity), age (specifically for individuals 40 years or older), disability (physical or mental), or genetic information. A termination motivated by prejudice against any of these groups is considered wrongful.

Retaliation: Employers are prohibited from firing an employee as a reprisal for engaging in legally protected activities. This means if you reported harassment or discrimination, participated in an investigation of such claims, filed a workers’ compensation claim after an injury, requested legally mandated leave (like FMLA), or acted as a whistleblower by reporting illegal or unsafe practices within the company, and were subsequently fired as a result, this could constitute wrongful termination. The employer’s action is seen as an attempt to punish or deter the employee from exercising their legal rights.

Breach of Contract: If you have an employment contract (either written or, in some cases, an implied contract based on company handbooks, policies, or verbal assurances) that specifies terms of employment or conditions under which you can be fired, and your employer terminates you in a way that violates these terms, it can be a wrongful termination. For example, a contract might state you can only be fired for “just cause” after certain disciplinary steps, and if these are not followed, the termination may be wrongful.

Refusal to Participate in Illegal Activities: An employer cannot legally terminate an employee for refusing to commit an act that they reasonably believe is illegal, unethical, or violates public safety. This protects employees from being forced to choose between their job and breaking the law.

Violation of Public Policy: Some terminations, while not fitting neatly into the above categories, may still be wrongful if they violate a clear mandate of public policy. This could include being fired for fulfilling a civic duty like jury service or for exercising a legal right that is considered fundamental to public well-being.

If you believe that your dismissal from employment was not only unfair but also potentially illegal based on these or similar grounds, it’s highly advisable to seek professional legal counsel. Experienced employment law attorneys can meticulously review the circumstances surrounding your termination, explain the complexities of the relevant employment laws, and assess the viability of a wrongful termination claim. They can guide you through the necessary steps to protect your rights, which might involve gathering evidence, negotiating with your former employer, or pursuing legal action to obtain the justice and appropriate compensation you deserve for lost wages, benefits, emotional distress, and potentially punitive damages.

Get the Strong Legal Representation You Deserve

• Leverage Our Proven Expertise: Our legal professionals have a demonstrated background in successfully resolving employment wrongful termination claims. Put our experience to work for you.
• Benefit from Dedicated Client Advocacy: Your well-being is our priority. We will work diligently to secure the best possible resolution for your case.
• Act Now With No Upfront Costs: We offer representation in wrongful termination matters on a contingency fee basis, meaning you pay no legal fees unless we win your case.
• Receive Comprehensive Legal Support: Count on us to manage every stage of your case, from the initial consultation through any court proceedings, with complete dedication and professional care.

Ready to discuss your wrongful termination case in San Diego? Contact us today for a consultation.