Wrongful Termination in San Diego, CA
What Is Wrongful Termination?
Any employer has discretion over the hiring and firing of employees. Still, there are certain circumstances where a worker can file for wrongful termination. Termination becomes wrongful when it violates California law, federal law, or an employment agreement. Being fired from a job is never easy. A dedicated wrongful termination lawyer understands your rights as an employee and will fight to protect them.
San Diego follows the at-will employment doctrine, in line with state policy. However, the California Department of Industrial Relations states that your employer cannot fire you as an act of discrimination or retaliation. In addition, California courts recognize the public policy, implied contract, and covenant of good faith & fair dealing exceptions to at-will employment. Furthermore, the City of San Diego Human Rights Commission also protects at-will employees in San Diego from discrimination and retaliation.
Types Of Wrongful Termination
In San Diego, there are many different instances where wrongful termination can take place. In some cases, an employer is ignorant of labor laws and may not even realize they have erred. This is why big corporations rely on human resources experts. You should always turn to an attorney if you suspect wrongful termination. In the following paragraphs are some of the red flags that you should watch out for.
Limitations of At-Will Employment
Because one of the most common forms of employment is at-will, there are limitations to this. At-will employment doesn’t allow an employer to fire a person for any discriminatory reason. State, federal, or local San Diego laws prohibit these reasons.
The National Conference of State Legislatures reports that California does not have any right-to-work laws. Consequently, a private-sector employer in San Diego can force you to pay union dues, even if you choose not to join the union. Specifically, the employer can legally fire, or refuse to hire you if you refuse to pay the union dues.
An employer also can’t fire an employee as a form of retaliation for reporting any illegal activities within the company. Were you fired for any of these reasons? If so, you may be able to file a wrongful termination lawsuit against your employer.
Discrimination
Discrimination is one of the most common forms of wrongful termination. When an employee is fired because of their race, religion, sex, national origin, ethnicity, pregnancy, age, or disability, it violates established laws meant to protect specific personal characteristics. There are also some states that prohibit employers from discriminating based on the gender identity or the sexual orientation of their employees.
If you believe that you have been penalized or fired in San Diego for one of these discriminatory reasons listed above, you may be able to file a claim with the United States Equal Employment Opportunity Commission. An experienced San Diego, CA attorney can walk you through the process to help ensure the best possible outcome.
Retaliation
Your employer can’t fire you for certain protected activities. For example, your employer can’t fire you for taking medical leave, or for participating in an investigation of job violations and wage violations. Additionally, filing a complaint with the EEOC, or informing your employer about discrimination or harassment, are not fireable offenses.
California law protects San Diego employees who file complaints against their employer. Specifically, a San Diego employer cannot retaliate if the employee reports wage law violations, child labor violations, or health and safety code violations. As well, California’s Whistleblower Protection Act provides similar protections for public-sector employees in San Diego. Be aware that the San Diego Human Rights Commission also provides protection from employment retaliation to workers in the city.
There are some states that also prevent employee termination for taking time off to vote, perform jury duties, or serve in the military. You also have some protection if your employer has fired you for reporting a violation of safety laws or environmental regulations.
What To Do If You’ve Been Wrongfully Terminated In San Diego, California
Are you suffering from wrongful termination? You may be entitled to compensatory damages, reinstatement, back pay, and other forms of relief. However, the exact definition of wrongful termination will depend on where you live. To find out, contact a dedicated and qualified wrongful termination lawyer. Discuss your circumstances and the laws that your employer has to follow in your area.
Remember that there are usually time constraints on how long you can wait to file your claim, so don’t delay. This could cause evidence to slip through your fingers or you may miss the deadline altogether. You want a favorable outcome and so will your lawyer, so try to approach your case as proactively as possible, even before you are certain you have one.
A San Diego employee must file a discrimination complaint on the basis of the California Fair Employment and Housing Act within 3 years of the adverse action. Alternatively, you must file a federal complaint with the EEOC within 180 days. The EEOC may increase the deadline to 300 days if the discriminatory act also violates state and San Diego County laws.
Step One: Gather Evidence
It’s important to start gathering all the evidence you can, no matter how small. Ideally, you had reason to suspect that your employer might terminate you wrongfully and started the process some time before. If you need to return to the office to clear out your desk or still have access to the work email, use the opportunity wisely. However, be mindful of any employment agreements or confidentiality issues.
Step Two: Find an Attorney
Hiring an experienced San Diego, CA wrongful termination lawyer will help you take the first steps so that you make a strong case to get the outcome you seek. San Diego employment laws are intricate and are constantly changing. Therefore, you should always work with an attorney who focuses on this specific area.
Step Three: File a Complaint
If you have not yet had your case reviewed by an attorney, the EEOC built a self-evaluation tool to help you decide if filing a claim with them is an appropriate way to handle your case. An attorney simplifies this part of the process by helping you to write the complaint. You serve your employer notice. Then, the resolution process starts there. Note that not all cases make it to a courtroom as some employers prefer to settle.
The California Department of Fair Employment and Housing investigates employment discrimination complaints in San Diego. Your first step is to submit an intake form online. If you live in San Diego, the nearest office for in-person appointments is the Los Angeles Office. If you file a federal complaint, the San Diego Local Office of the Equal Employment Opportunity Commission will handle your case.
Why You Should Hire A Wrongful Termination Lawyer in San Diego, California
Filing a wrongful termination lawsuit in San Diego, California can be overwhelming, especially if you’ve been treated unfairly by your employer. Speaking to an experienced lawyer can help you to understand what legal rights you have as a victim and if your case is applicable for wrongful termination. For some people, the opportunity to have someone listen helps to ease the burden they’ve been carrying.
We understand that finding the right attorney can be hard. This is why we created our service to connect clients in need with experienced attorneys. To match with the right lawyer, you simply provide your location, category, and some other additional information. We then send you your options as soon as they are available.
Our company charges no fees to connect you with the legal services you need. Some San Diego attorneys or practice areas may require legal fees upfront, but there are many that do not. Some professionals may not charge a single penny at all until they win your case.
Are you ready to find a qualified San Diego attorney who can help you fight for your job or get justice for the wrongful termination you suffered?
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
