Wrongful Termination

San Diego Wrongful Termination Lawyer

Fighting Illegal Termination

The San Diego wrongful termination attorney at AMartin Law has represented many people who were unjustly let go from their job. We offer free consultations so that you can discuss the situation without any obligations. Contact us to tell us your story and find out if you have a valid wrongful termination claim.

What is Wrongful Termination in California?

Wrongful termination in California is a form of illegal termination of employment whereby an employee is terminated for reasons that violate public policy or the terms of an employment agreement.

This includes terminations based on:

Discrimination
Retaliation
Breach of contract
Filing a worker's compensation claim
Taking medical leave

If you believe that your termination was based on any of the above illegal grounds, then you may have a valid wrongful termination case in California.

Consulting with an experienced employment attorney is the best way to determine if you have a valid case of wrongful termination.

At our San Diego employment law firm, we handle most cases on a contingency fee basis. Call us at (619) 268-6585 to get started on your wrongful termination case.

At-Will Employment in California

In California, most employment relationships are “at-will.” At-will means employees can quit at any time and employers can fire employees at any time without cause. Employers are not required to provide employees with any type of verbal or written warnings.

However, that does not mean that wrongful termination cannot happen in these situations. If you were fired because of your race, age, gender, or other discriminating factors, you can file a claim to hold your employer accountable.

Wrongful Termination in Violation of Public Policy

Employers in California do not need a reason to fire employees. However, federal and state law prohibits employers from firing employees for reasons that violate public policy.

Examples of public policy violations include:

Age discrimination
Race discrimination
Sex or gender discrimination
National origin discrimination
Sexual orientation discrimination
Medical or physical disability discrimination
Sexual harassment
Pregnancy discrimination

Additionally, employers cannot fire, discriminate or retaliate against employees for:

Reporting to jury duty
Whistle blowing
Reporting OSHA or health and safety violations
Reporting discrimination or sexual harassment
Being injured on the job
Making a workers' compensation claim
Taking FMLA leave

Some employment contracts include specific requirements to fire an employee or otherwise promise a level of job security. In these cases, the contract supersedes California's at-will laws.

Developing a Strong Wrongful Termination Case

Proving that your termination occurred for these reasons is not always easy. You will need to point to specific instances indicating employment discrimination. This may require providing copies of emails or company announcements or finding coworkers who will corroborate your story.

Documents that can support a wrongful termination case include:

Performance reviews and other job evaluations
Emails and other communication leading up to the termination
Proof of completion of assignments
Copies of your employment agreement, contract, or policies
The termination notice or a memo of the oral termination conversation

These are all things our knowledgeable wrongful termination attorney in San Diego can help you with.

Recovering Damages in a Wrongful Termination Case

In filing a civil wrongful termination lawsuit, you will be seeking damages to compensate you for losses experienced. The amount of recoverable damages is highly dependent on the specifics of your case.

Victims of wrongful termination can recover compensation for:

Lost pay and benefits
Emotional distress
Punitive damages
Attorney fees

We can provide legal advice on the types of damages you may be able to recover. If you pursue a lawsuit, we will work with you to help you get the compensation you deserve.

Schedule A Free Consultation Let's Get to Work

We're here to listen, strategize, and stand by you. Let's start the conversation.

Where Expertise Meets Passion

Over 20 Years of Legal Expertise
Before she opened up her firm in 2009, Alisa spent over 6 years working with a large international firm, equipping her with the knowledge of the inner workings of corporations.
Free Consultations
Why pay to have a conversation? The first initial discussion of your case is 100% complimentary.
Knowledge of Both Sides of Litigation
Remember the multinational firm Alisa used to work for? Her experience with them gave her extensive knowledge of defense litigation, which makes her a great asset to the plaintiff side nowadays.
One-on-One Personalized Representation
With a background in clinical psychology, Alisa handles all of her cases with sensitivity and respect. Trust her to take care of each client as if they're her only client.

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