Wrongful Termination – Employment Law in San Diego

Wrongful Termination San Diego, CA

In today’s tough economic climate, more and more people are losing their jobs. Sometimes people get fired for just doing poor work, sometimes people get laid off due to lack of work, and sometimes people get fired through no fault of their own. If you were terminated and you feel it was undeserved, then you may want to seek out the legal advice of an experienced Employment Law Attorney because you may have a case against your employer for what is called “wrongful termination.” Wrongful termination is not actually a legal term. It is a term used to encompass a variety of situations in which employees have been dismissed from their job.

Examples of Wrongful Termination in San Diego

If you were fired without just cause, an experienced employee rights attorney will pursue legal action against your employer.

However, there is something in many states called “at will” employment, which means that employers can fire employees with or without cause. Nevertheless, there are cases in which firing an employee falls under or constitutes wrongful termination, which gives the employee the right to sue the employer for damages and lost wages.

San Diego Wrongful Termination cases may arise from:

  • An employee is fired due to discrimination of gender, race, religion, age, nationality, disability, or sexual orientation.
  • An employee is fired because he or she took action against an employer or colleague for sexual harassment or some other inappropriate workplace behavior.
  • An employee is demoted or is treated in a way that creates a hostile work environment forcing the employee to quit.

Unfortunately, wrongful termination cases are often the employer’s word against the employee’s, so it takes an experienced, gifted wrongful termination lawyer to know how to fight the employer and prove that his client is the one telling the truth. Your attorney will contact witnesses, get your job performance history, and review any prior disciplinary actions to create a compelling case that you were fired “wrongfully.”

Federal employees have a bit more security than those in the private sector, and your attorney can explain this to you during your initial consultation. That is not to say that if you are a federal employee, you are guaranteed to “win” your case, but you do have certain protections that others in non-government jobs usually do not.

Other Wrongful Termination instances may be:

  • Retaliation for exercising union rights
  • Retaliation for exercising labor law rights
  • Because your wages are being garnished for a debt
  • Being called to military duty
  • Whistle blowing (known as Qui Tam law)
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