California Wrongful Termination Lawyers

There are laws in place to protect employees from being terminated for an unlawful reason. If you were fired or laid off from your position and believe you were targeted for an illegal purpose, you may be a victim of wrongful termination, also commonly referred to as wrongful discharge.

With multiple attorneys and ample support staff, San Diego Employment Attorneys Group is a highly experienced California employment law firm that has served employees since 1992 and has served over 5,000 clients during that time. The firm’s lawyers offer a breadth and depth of legal knowledge and hands-on experience that greatly benefits both private sector and government employees, including federal employees.

Since its founding in 1992, the firm has represented well over 5,000 clients, nearly all of whom have had employment law cases.

Wrongful Discharge Attorneys In San Diego

State and federal laws prohibit employers from terminating employees in retaliation for making a discrimination complaint, for complaining of unlawful conduct in the workplace, for refusing to participate in illegal activities and for a range of additional reasons. Many wrongful termination claims involve the following issues:

• Discrimination, including discrimination on the basis of age (40 or over), sex, physical or mental disability, race, color, national origin, ancestry, religion, medical condition, use of lawful leave rights, military or reserve status, sexual orientation, retaliation for engaging in EEO activities, etc.
• Sexual harassment
• Whistleblowing

Employees may think they were let go for one reason, but may not realize that there was an underlying purpose that was not in compliance with the law or other governing policies and procedures.

Terminated federal employees have the right to have their cases reviewed by the Equal Employment Opportunity Commission (EEOC) and/or the Merit Systems Protection Board (MSPB), depending on the circumstances of the termination.

Wrongful Termination Versus At-Will Employment

Wrongful termination and at‑will employment intersect in confusing ways, but the distinction is important. At‑will employment allows either the employer or the employee to end the working relationship at any time and without a stated reason. Most workers do not have formal contracts, so this framework applies to a large portion of the workforce.

However, at‑will employment does not give employers permission to fire someone unlawfully. A termination becomes wrongful when it is based on a protected characteristic or violates public policy. California employers cannot lawfully make decisions motivated by religion, race, ethnic or national background, sex or gender, pregnancy or age.

These protections apply regardless of whether the employee is at‑will. If, for example, a worker is dismissed after joining a new religion, the termination may be wrongful if rooted in discrimination rather than legitimate business judgment.

Can You Be Fired For Reporting Workplace Harassment In San Diego?

No. It is important to remember that retaliation can also lead to wrongful termination if the employee engages in a protected action. This could include reporting harassment, taking medical leave or becoming a whistleblower over fraud, illegal workplace practices, discrimination, workplace safety violations and similar issues.

Many employees are concerned that they will be fired if they report the harassment they are facing. It is crucial to remember that, under California law, this would also constitute wrongful termination, even for at-will employees.

Potential Exceptions To At-Will Employment

Although at-will employment means that an employee can be fired at any time, with or without warning, there are some important exceptions, such as:

• When the employee has a written contract that stipulates that they must only be fired for cause
• If the employee has an implied contract that is breached by the termination
• If the employee is facing unlawful discrimination based on protected classes, such as race, religion, age or gender
• If the firing is in retaliation for protected activities, such as filing a workers’ compensation claim, whistleblowing, or reporting harassment and discrimination

At-will employment gives employers significant power to terminate an employee’s position, but that does not mean that all terminations are legal. If you believe you were wrongfully terminated, act now to understand your options.

With more than three decades of service to San Diego employees and over 5,000 employment cases handled, San Diego Employment Attorneys Group brings deep, community‑based experience to local wrongful termination claims.

Call For A Free Consultation

If you would like to speak with a California wrongful termination attorney at no charge, you may contact our offices at 619-528-2530 to set up an appointment. San Diego Employment Attorneys Group has offices in San Diego’s Mission Valley and in Carlsbad, California.