Wrongful Termination Lawyer in San Diego Explains Your Legal Options
Losing your job is never easy. It can bring up feelings of anger, inadequacy and despair. Even worse, it can cause serious financial strain for you and your family. While many people lose their jobs for valid reasons, there are certain situations when you may have legal grounds to challenge your dismissal. Wrongful termination in San Diego is difficult to prove, but it is not impossible. Speak with our San Diego wrongful termination lawyer about your situation.
What Is Wrongful Termination in California?
According to the California Labor Code, California is an “at-will” employment state. An employer in California may terminate an employee for almost any reason at any time.
At-will employment makes it difficult to prove wrongful termination. Yet, there are exceptions to this law. Federal and state laws offer workers certain protections.
In the state of California, there are many ways an employee can be wrongfully terminated. Some examples of wrongful termination in San Diego include termination based on:
Wrongful termination can also occur through retaliation of an employer. Examples of this may include:
- Retaliation for filing a sexual harassment complaint
- Retaliation for taking family or medical leave
- Retaliation for filing a workers’ compensation claim
- Reporting illegal or unethical conduct
In some cases, employees had an employment contract. In this situation, any termination would be a violation of that employment contract. Another exception occurs when an employer breached an implied employment contract. There may be room to file a wrongful termination claim even if you do not have a formal contract.
Steps to Take When You Lose Your Job in California
Evidence is important for proving wrongful termination. Having written copies of your company manual, employment application, employment contract (if applicable), and emails or text messages with supervisors can help.
Moreover, it is important to take the following steps to determine wrongful termination:
- Document everything. Gather important documents such as:
- Your employment application
- Company manual
- Your employment contract
- Job description
- Written records of the events
- Emails and text messages
- Employee testimony. If other employees have information about your work situation, their testimony may help your claim.
- Review your employment contract. Review your contract carefully for employer limitations about termination.
- Do not retaliate. Be civil and leave your employment safely. Do not retaliate by trying to get back at your employer. This will only harm your claim.
- Contact a wrongful termination lawyer. An attorney will review your case and determine if you have cause to file a claim.
Overall, evidence is important for proving wrongful termination. Having written copies of your company manual, employment application, employment contract (if applicable), and emails or text messages with supervisors can help.
Can I Sue for Wrongful Termination?
Whether you can sue for wrongful termination depends on the circumstances. If your employer’s reason for terminating your position was against the law, and you suffered damages as a result, then you may be able to sue your employer for compensation. By filing a wrongful termination lawsuit against your employer, you may be able to recover compensation for damages:
- Back pay
- Pain and suffering
- Lost benefits
Our wrongful termination attorney can help you determine if your employer broke the law when terminating your position.
Common examples of wrongful termination include firing someone based on their race, gender, age, sexual orientation, religious beliefs, national origin, veteran’s status or disability. Additional examples include violating an employment contract or retaliating against an employee for reporting a violation of local, state or federal law.
How Long Does a Wrongful Termination Case Take?
There is no way to know beforehand how long a case may take to resolve. Depending on the circumstances, it may be possible to use mediation or arbitration to resolve your case. These alternative dispute resolution options may be faster and less expensive than traditional litigation, but may not always be the best option.
It may be possible to seek a settlement agreement with your former employer. However, negotiating a settlement or potentially taking the case to trial can take time.
Do I Need a Lawyer for Wrongful Termination?
Due to wrongful termination being a sensitive legal matter, one where you may have suffered professionally and financially, it is advisable to work with an attorney. An attorney can help you compile and protect evidence. In addition, an attorney can help you negotiate a settlement or even take your case to trial.
Simply put, an experienced attorney can help provide the best chance for securing compensation that covers your damages. Additionally, it costs nothing to speak with an employment law attorney at our firm. We can help you determine whether you have legal options to recover compensation during a free consultation.
Contact Our Wrongful Termination Lawyer in San Diego
Do you believe you are the victim of wrongful termination? It is important to speak to a wrongful termination lawyer about your situation. Our wrongful termination lawyer in San Diego helps employees seek justice after losing their jobs.
At The Gould Firm, we offer free initial consultations. We can meet with you and help you learn about your legal options. Call our office today at (619) 273-3431. You can also fill out our confidential contact form for more information.