Wrongful Termination

Employment Law & Wrongful Termination Lawyers San Diego, CA

Wrongful Termination” is a term that generally refers to a person being fired in an unlawful manner. It can be a phrase that is misleading or often misinterpreted. Many terminations that people think of as “wrongful” are not illegal. The law generally gives deference to employers when terminating employees, however there are certainly situations in which the termination (either being fired or forced to quit) can be wrongful and illegal. Often times, wrongful termination can be a result of one being retaliated against, harassed, or discriminated against.

In California (San Diego) and most other states, employment is “at will.” This means that generally when there is not a specific written contract, a company/employer can fire the employee for any reason or no reason at all. The company or employer, however, cannot fire the employee for illegal reasons. However, there are public policy exceptions to at will employment. For example, an employee cannot be terminated for taking advantage of their rights under the Family and Medical Leave Act (FMLA), California Family Rights Act (CFRA), for requesting a reasonable accommodation under the Americans with Disabilities Act (ADA), or for blowing the whistle on corporate malfeasance or government fraud.

Employment Law – Do You Feel Like You Have Been Wrongfully Terminated?

An employee cannot be fired for the following reasons:

  • Complaining about or supports a claim involving unlawful discrimination or harassment
  • Complaining about unsafe working conditions or work practices to employers, or to a government agency such as Occupational Safety and Health Administration (OSHA)
  • Participating in proceedings before the California Labor Commissioner
  • Serving on jury duty or testifying as a witness in court
  • Participating in political activity, including holding public office
  • Serving as an election officer on election day
  • Exercising rights under the Agricultural Labor Relations Act
  • Disclosing information to a government or law enforcement agency, if the employee has reasonable cause to believe there was a violation of law including issues related to the Sarbanes Oxley Act
  • Refusing to patronize the employer in connection with the purchase of anything of value

Further, many employee handbooks establish progressive disciplinary guidelines that must be followed prior to an employee’s termination. These written guidelines can form a de facto employment contract the employer must honor prior to terminating an employee. Also, an employee who has worked for an employee for a number of years may find an implied contract exists between the employer and the employee.

California and Federal employment law are extremely complex and often times open to interpretation based on the facts. If you believe you have been wrongfully terminated it is important to contact an attorney with extensive experience litigating and negotiating employment cases.

Employment Law and Wrongful Termination Lawyers at the Justice Law Group of San Diego will do everything we can to help you during this extremely difficult time. We understand the stress and additional burdens that come when one loses a job, especially if the termination was unlawful. You need to know your rights are being protected, while you are trying to take care of everything else that comes with these circumstances. Losing your job is always difficult. Being wrongfully terminated in San Diego is an event that shouldn’t happen. We will do everything we can to help you obtain justice.

Employment Law and Wrongful Termination Lawyers at the Justice Law Group of San Diego provide you with a free evaluation to identify all applicable damages as well as potential assets to aid in recovery. We will deploy investigators when necessary and use our legal experience to properly assess your claim. Our San Diego based Employment Law and Wrongful Termination Attorneys Cameron J. Gharabiklou and Nicholas J. Lewis understand the pain and suffering that an injured party endures through wrongful termination. Seeking the prompt advice of an experienced lawyer to discuss the discrimination, the damages and the recovery process are key. We prepare each case to maximize the value for you before the trier of fact, whether it be a judge, jury, or arbitrator. How much do we believe in our ability to successfully fight for you? If we take your Employment Law and Wrongful Termination case, you pay NO ATTORNEYS FEES, unless and until we recover payment for you. Call us today to discuss your case.

At the Justice Law Group of San Diego, you will not be passed to a secretary or paralegal, instead you will speak to the Employment Law and Wage and Hour lawyers who will be handling your case all the way through trial when necessary. Call us today.  858.412.0019 or contact@justice-lawgroup.com