San Diego Wrongful Termination Attorney

Being terminated from work will put stress on any family, especially when done without reason. Let us handle your wrongful termination case in San Diego.

Wrongful Termination In San Diego

When you are fired from a job, it never feels good. However, if you were wrongfully terminated, you may be able to seek compensation. Although California is an "at-will" employment state, meaning that either party can decide to terminate the employment relationship, the existence of a contractual obligation or public policy exception to the contrary could mean that you were wrongfully terminated.

If you have been wrongfully terminated, you need to get legal assistance as soon as possible. At Walker Law, our wrongful termination attorneys can help you obtain the compensation that you deserve. If you live in the San Diego area, call Walker Law to obtain legal representation in order to pursue your claim.

How We Approach Wrongful Termination Claims In San Diego

Wrongful termination occurs when an employee has been fired illegally. It typically occurs as a result of two different factors: discrimination or retaliation. It may involve a violation of the law or a contractual breach. It is illegal to fire an employee based on his or her age, race, ethnic background, disability, arrest history, political stance, or marital status. In addition to protecting against discrimination, federal and state laws also prohibit employers from taking retaliatory actions against employers who complain about instances of workplace harassment, discrimination, or violations of labor laws.

If you have experienced wrongful termination, get legal assistance immediately. Our attorneys will advise you on how to pursue compensation for your job loss and help you to determine your status with regard to pursuing compensation for your termination.

San Diego Wrongful Termination Claims We Handle

We provide a free consultation to evaluate your case and we can help with all types of wrongful termination claims in the San Diego area, including:
  • You were fired from your job because of discrimination.
  • Your employer fired you for requesting unpaid leave you are entitled to under the Family and Medical Leave Act.
  • An employer retaliated against you by firing you because you refused to submit to unwanted sexual attention or advances.
  • An employer fired you for raising concerns with the employer or your co-workers about wages, work conditions, or other violations of workplace law.
  • You were fired while being bound by an employment contract with the employer who agreed that you couldn’t be fired without reasonable cause or for a specific time period.
If you were wrongfully terminated, you should speak with a lawyer as soon as possible. We will point you in the right direction, providing you with the advice and support that you need to obtain compensation from your employer. If you need assistance with any wrongful termination case in the San Diego area, do not hesitate to contact us.

Frequently Asked Questions About Wrongful Termination In San Diego

Wrongful termination of employment can and does happen. Here’s frequently asked questions that will help you better understand what you can do about it.

What is considered ‘wrongful termination’ in San Diego?

Wrongful termination is a phrase that is often misused. There is a legal perspective to wrongful termination and describes a situation in which the employer violates a specific law, public policy or the terms and conditions of an employment contract.

Many of these laws have their own enforcement procedures, and so a separate claim may not always be necessary. The definition of wrongful termination also varies from state to state as there is no federal law.

If your employer has not violated a specific law, public policy or employment terms and conditions, it more likely ‘at-will employment’.

What is ‘at-will employment’?

At-will employment refers to a legal principle that is applicable to most private workplaces across the United State.

What it means is that employer or employee can end the employment at any time, without or with advance notice and for any or no reasons. Wrongful termination is an exception to that rule.

How does employment at will affect wrongful termination cases?

Employment relations are assumed to be at will in all states other than Montana. Wrongful termination is a major exception to at-will employment.

Under common law, wrongful termination includes when a state’s public policy has been violated or termination occurs after an employment contract has been established. It is also defined by when implied good faith and fair dealing has been violated.

What is considered an employment contract?

At will employment, as addressed in the above questions, is an employment without a contract.

But there are times when employees do have an employment contract and a wrongful termination violates these terms and conditions.

A contract can be written or oral, and also described as expressed or implied. If you believe you have an employment contract, give your legal team all the details.

What is considered a written promise or an implied promise in an employment contract?

It is common practice for employees in the private sector not to have employment contracts.

But some employers do provide written information that may qualify as a contract such as;

  • A written contract or a similar document that promises job security at the time of employment may be considered a legally binding promise
  • A written document that outlines methods of termination may also be enforceable

There are times when promises are made verbally. It can be tough proving what was said and when, which is why some people feel that it is impossible to prove verbal promises.

But it is possible. For example, an employer may have promised permanent employment or employment for a set period of time. There may also be an employee manual, setting out termination and other processes that can be used in a wrongful termination case.

The court looks at other factors too, to ascertain whether an implied contract of employment exists. These include;

  • Duration of employment
  • How regular job promotions were
  • The history of positive performance reviews and so on

In other words, if you have a long history of working well for an employer, you could have grounds for wrongful termination.

What is a breach of good faith and fair dealing in an employment contract?

Recognized in a small number of states is the exception known as breach of good faith and fair dealing, also referred to as a ‘covenant of good faith and fair dealing’.

This exception means either;

  • An employer’s personnel decisions are subject to a ‘just cause’ standard OR
  • Terminations in bad faith or motivated by malice are prohibited

The court looks at a multiple of factors to determine if either of these conditions has been violated.
For example, the court will examine;

  • Whether the employer followed their own set of personnel policies
  • How long you have been employed with the company
  • Any job security representations that the company made
  • The presence of positive performance appraisals or lack of criticism
  • The basic concept of fairness

What are considered violations of public policy?

An employer cannot end the employment of an employee of fire them if the termination violates public policy.

A public policy is something that employees are required to carry out in law and as a result, are protected from being fired as a result.

A common example used is ‘whistle blowing’. This is when an employee reports what is alleged unlawful conduct and as a result, if fired.

Can I be fired for whistle blowing in San Diego?

Wrongful termination in San Diego happens when an employee is fired in a way that was illegal. There are many different types of wrongful termination including violation of statutes, breach of contract, violation of public policy and retaliatory termination.

Whistle blowing is also protected by law and that means if you, as an employee, have reported something that is illegal, you cannot be fire for doing so.

What damages can I claim for wrongful termination in San Diego?

Wrongful termination claims must usually be investigated by a government agency first before filing a private lawsuit. If the investigating agency found in your favor, it may be possible to claim damages. These may include;

  • Restoring you to your previous employment position
  • Paying any lost wages to an employee
  • Enforcing changes to policies and employee handbooks
  • Lost benefits
  • Attorney fees
  • And compensating for emotional distress

Do I need an employment lawyer to handle my wrongful termination case?

If you are involved in a wrongful termination dispute or believe that your dismissal has violated a public policy, it is in your best interest to contact a local employment law attorney.

Always opt for a local, state-wide attorney or law firm as employment laws vary from state to state.

The team at Walker Law are specialist lawyers in four key areas, one of which is employment law and wrongful termination in San Diego.

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