San Diego Wrongful Termination Lawyer: Your Trusted Advocate for Workplace Justice

You have a lot of financial planning and obligations to meet. Everything goes for a toss when you suddenly lose your job. Do you feel your loss of job was unjust? A wrongful termination lawyer San Diego can help you to restore justice. 

The Californian employment law is complex. It’s true that employees are protected under this law. 

Further, the Department of Fair Employment and Housing of California steps in when employees “have been terminated, harassed, or discriminated against based on their race, religion, gender, color, national origin, ancestry, disability, medical condition, marital status, age (over 40), sexual orientation or denial of family medical leave…” ¹

However, you will need more than hearsay to prove the wrongful act. You have to document your communication with the supervisor and your process of termination. Further, to build a stronger case, you will need eyewitnesses. 

Whether it’s a violation of labor laws or a breach of contract, we are here to help you navigate the legal system and seek justice.

Reach out to us, and let us help you explore your legal options and fight for the compensation you deserve. Learn more about San Diego wrongful termination lawyer. 

Understanding Wrongful Termination in San Diego

Do you think that you have faced wrongful termination? You have to know its meaning and the factors that make a termination unlawful. 

Further, you must seek advice from a trusted wrongful termination lawyer San Diego to know the application of the law. Moreover, you must gain knowledge about public policy. 

What Is Wrongful Termination In San Diego, California? 

If an employer does not adhere to the labor laws while terminating an employee, it is an unlawful termination. In many cases, the firing of an employee breaches the state or federal anti-discrimination law. 

Termination based on race, sex, age, disability, national origin, religion, sexual orientation, or pregnancy counts as wrongful.

We also see wrongful termination in cases of retaliation. If an employee is fired for reporting harassment or discrimination, that constitutes wrongful termination. 

The State of California Department of Industrial Relations has clear guidelines related to “Retaliation and Discrimination.” For example,

“Labor Code section 230(b) prohibits an employer from retaliating against an employee who is a victim of a crime for taking time off to appear in court to comply with a subpoena or court order as a witness in a judicial proceeding.” 

Another common issue is breach of contract, where employees are fired contrary to the terms agreed upon in their employment contract.

California Employment Law Overview

California’s employment laws provide robust protections against wrongful termination. 

One key statute is the California Fair Employment and Housing Act (FEHA), which safeguards employees from discrimination and harassment based on numerous protected characteristics. 

Additionally, California labor laws prohibit retaliation against employees who engage in protected activities, like filing complaints or reporting violations.

At-will employment is also important in California. While employers can generally terminate employees without cause, it must not violate state or federal discrimination laws or public policies. 

We should also consider specific regulations in San Diego that enhance protections at the local level.

Protected Characteristics and Public Policy

In San Diego, wrongful termination laws protect employees based on several characteristics. Key protected characteristics include:

• Race
• Sex
• Age
• Disability
• National Origin
• Religion
• Sexual Orientation
• Pregnancy

Public policies also play a significant role. Termination cannot occur in retaliation for participating in activities protected by public policy, such as reporting illegal activities or exercising legal rights like voting or jury duty.

Understanding these protections helps us identify whether a termination qualifies as wrongful, ensuring employees are aware of their rights and legal recourses available to them.

Wrongful Termination Lawyer San Diego Offering Legal Remedies and Actions 

When employees in San Diego, CA, face wrongful termination, there are several legal remedies and actions they can pursue to seek justice and compensation. 

It is crucial to understand the steps involved in filing a claim, the types of compensation available, and how employment attorneys can assist.

Filing a Wrongful Termination Claim

To initiate a wrongful termination case, the employee must first file a claim with relevant authorities such as the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). 

This claim should outline the details of the wrongful termination, such as the basis of discrimination or retaliation involved.

In California, timely filing is essential. Employees typically have 180 days to file a claim under federal law and one year under state law. 

It’s important to gather evidence such as employment contracts, termination letters, and any communications that support their claim.

If the DFEH or EEOC finds merit in the claim, they may issue a Right to Sue notice, allowing the employee to file a lawsuit in court. This lawsuit can address claims under the Fair Employment and Housing Act (FEHA), Family and Medical Leave Act (FMLA), and other relevant laws.

Seeking Damages and Compensation

Once a lawsuit is underway, employees may seek various forms of damages. Back pay and lost wages are common compensatory damages, addressing the income lost due to the wrongful termination. For employees experiencing extreme mental anguish, claims for emotional distress can be made.

Punitive damages might be pursued if the employer’s actions were particularly egregious. These damages serve as a punishment to the employer and a deterrent against future violations. Reinstatement may also be sought, allowing the employee to return to their former position.

Settlements often occur in wrongful termination cases, potentially avoiding lengthy litigation. A settlement can provide a swift resolution, offering the employee an agreed-upon amount of compensation without a court trial.

Final Words: The Role of Employment Attorneys

A knowledgeable wrongful termination lawyer San Diego plays a vital role in these cases. They help conduct a thorough investigation, gather evidence, and articulate the claim. Their expertise in California labor law and federal regulations can significantly impact the case’s outcome.

Employment attorneys also provide valuable advice on whether to settle or proceed to trial. Their negotiation skills can lead to better settlement terms. If the case goes to court, they represent the employee, advocating for their rights and ensuring that fair procedures are followed.

It’s beneficial to consult a San Diego wrongful termination attorney early in the process. Their guidance can help navigate the complexities of filing a claim, seeking appropriate damages, and achieving a favorable resolution.

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1.  State of California Department of Industrial Relations The State of California Department of Industrial Relations protects the health, safety and economic well-being of wage earners. It also ensures that employers adhere to the state labor laws. ↩︎