619-342-8000San Diego
Wrongful
Termination
Attorneys
The Truth About Wrongful Termination
When people get fired from work, they rarely agree with their employer’s decision or reasons for letting them go.
The unfortunate truth about wrongful termination is that simply feeling as if your employer treated you unfairly – even if they actually did – is not always enough for a wrongful termination claim to succeed.
A San Diego wrongful termination lawyer helps people understand their wrongful termination case and California law.
An experienced wrongful termination lawyer in San Diego CA explains how wrongful termination occurs and if any federal laws come into play.
California employment law is complex. Issues like the implied employment contract, sexual orientation, national origin, and employment laws are all relevant in wrongful termination lawsuits.
Wrongful termination lawyers help you understand when state or federal law is involved in the employment relationship. Choose a law firm you can trust that understands wrongful termination damages, implied contract, state and federal laws, and federal employment laws and how they all work together to prove wrongful termination.
Conditions where disability accommodation may be required include
- Violation of employment contract
- Discrimination cases
-
Whistleblower/
public policy cases
When people get fired from work, they rarely agree with their employer’s decision or reasons for letting them go. The unfortunate truth about wrongful termination is that simply feeling as if your employer treated you unfairly – even if they actually did – is not always enough for a wrongful termination claim to succeed.
Feeling as if you suffered mistreatment is not sufficient for a claim. While your employer may have mistreated you, you will need evidence that they terminated you for a prohibited reason.
California is an at-will state, so you can quit your job at any moment. Your employer can also demote or fire you. Exceptions apply when an employment contract or a basis for wrongful termination exists.
If you believe your employer wrongfully terminated your employment, never wait to seek help from the legal team of Haeggquist & Eck.
Am I Eligible to File a Wrongful
Termination Claim?
Were you terminated after reporting illegal conduct or suspect it might be due to discrimination? Your termination may have been illegal. If you were fired for a reason that violates the law, such as the following, talk to an attorney about filing a wrongful termination claim.
- Serving on jury duty
- Filing for workers’ compensation benefits
- Taking time off protected by the Family and Medical Leave Act
- Reporting illegal conduct performed by your employer
- Reporting sexual harassment
- Reporting violation of labor laws, including collective bargaining laws
- Retaliation for the employee’s having filed a complaint or claim against the employer
What is
Wrongful Termination?
Many wrongful termination lawsuits result from an employee terminating someone in a protected class. The simplest way to define wrongful termination is the termination of a California employee that goes against a current employment contract or laws. When there is a contract in place, it can detail why a person can face termination, making it easier to show that the termination was unlawful and went against the agreed-upon terms by both parties.
Without a contract, you are an at-will employee, and your case will have different legal implications.
There are certain protections that at-will employees in California have, such as:
- Reasonable accommodations for persons with a disability resulting from pregnancy. The employer must have more than five employees, and the accommodations cannot cause an undue financial burden; they must be reasonable.
- Protected leaves for specific issues like birth and adoption, a severe health condition, or the need for a worker to care for a loved one with a severe health condition. The employer must have at least 50 employees for these benefits.
- Protection from termination for a disability and the employer’s inability to provide reasonable accommodations.
- Protection from termination due to discrimination for a range of protected classes.
- An employer cannot retaliate against you with termination when you complain to the state Department of Fair Employment and Housing. You also have protection if you participate in an investigation.
These protections are in place for all employees in the state. Independent contractors are exempt because they do not exclusively work for one employer. Independent contractors cannot file wrongful termination claims.
One caveat is proving that the worker is an independent contractor, which entails the individual meeting these requirements:
- The employer has no control over the employee’s schedule or how they perform their work.
- The contractor offers a service that is not within the company’s regular business.
- The independent contractor works with other businesses, trades, or professions separate from the current company.
If individuals do not meet these requirements, their employer may have misclassified them, which can open up other legal concerns.
Contact Haeggquist & Eck, LLP today to schedule a free case evaluation with a wrongful termination lawyer in San Diego who can help you understand your rights and options. Call us today for assistance at
What Type of Compensation Can I Receive if I have been
Wrongfully Terminated?
The damages and compensation an employee may be able to recover for a wrongful discharge lawsuit in the state of California depends on the type of lawsuit, but they usually include one or more of the following:
- Lost wages and benefits
- Compensation for emotional distress and pain/suffering from loss of job
- Attorney fees
- Back pay wages
- Punitive damages for wrongdoing by employer
Retaliation Claims
Workplace retaliation can happen in many circumstances. However, a whistleblower may be particularly vulnerable for bringing attention to an employer’s illegal practices. They may be asked by their employer to:
- To do an illegal act
- Watch them commit an illegal act
Wrongful termination attorney in San Diego can help you recover damages from a successful lawsuit.
Victims of retaliatory firings are often those who:
- Make sexual harassment claims
- Call attention toward discrimination
If it can be proven that the basis for a firing rests on grounds, a wrongful termination lawsuit has a greater chance of succeeding.
If you believe you were improperly removed from employment, contact a wrongful termination attorney in San Diego from Haeggquist & Eck, LLP today for help. Call us at (619) 342-8000 when you feel you need legal representation.
