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Nobody wants to have to hire a wrongful termination lawyer because nobody want to get fired from their job - this is especially true in San Diego.  In fact, nobody wants to get fired from their job for any reason, let alone for one that isn’t very good.  The fact that wrongful terminations happen and happen often is pretty amazing, but still people think that it would never happen to them.  This might be true, but it does happen more than most people might think.

In California, many lawyers find that proving “wrongful” termination is more difficult than most people might think.  You see, not every unfair termination can be proven “wrongful” under San Diego County or California State law.  Your dismissal might feel like it was done in an illegal way, but proving that to a jury might be difficult for your attorney to prove in a court of law.

To see if your case has any merit, make sure that you consult with an experienced employment lawyer who can give you some sound advice based upon the merits of your case.  In fact, you might want to consult our Find A San Diego County Lawyer article for the entire list of our recommendations when looking for a quality attorney that you can trust.  Most lawyers will want to take your case if they think that you will receive a settlement, so if the law professional you talk with says that you do not have chance then you should probably listen to them because they are telling the truth.

Here are some of the reasons that you might stand a chance in court of getting your legal rights honored:

• Suffering Discrimination - There are two main types of discrimination according to the law: subtle and direct. Direct discrimination that results in a wrongful termination might include getting canned because your company was downsizing and you were more senior and had a greater positive impact on the company but you were still fired because you weren’t “friends” with your boss. But an attractive co-worker was kept on who was less qualified than you. Another example might be that you got fired because of your gender, body, race, religion, family status, sexual orientation, or political opinions. All of these are no reason to get fired and if you suspect that you were discriminated against then you might benefit from a San Diego wrongful termination lawyer.
• Suffering Firing Due to Pregnancy - Pregnancy is a wonderful thing and should not result in your employer firing you. In fact, there are many state and federals laws preventing you from being canned because you have a bun in your oven. In California (and in San Diego because it is a part of the Golden State) you are even entitled to some additional rights with the State’s short term disability insurance. Most pregnant women can take off work 6 weeks before their due date and receive full pay from the state. They then get another 6 weeks for vaginal births, 10 weeks for C-Section births, after the birth. This is called “bonding time.” Your employer is required to give this to you by law, so if any of this results in your termination you will have a solid case to take to court.
• Firing of Whistleblowers - A whistle blower is somebody who is part of an organization, business, or government agency who knows about something illegal, immoral, or shady that is going on and tells the appropriate authorities. If you have reported your employer for something that they are doing that violates state or federal law, they have no recourse to fire you from your job. You did the right thing in the eyes of the law and you are protected by it.
• Retaliatory Firings - This can be a common occurrence among organized workers. When unions protests owner actions, organize for the first time, or even strike, employers sometimes fire employees. While sometimes an owner’s actions can be independent of the unions moves, it is wrong from the to terminate an employee for these reasons. You’ll need to find a good lawyer for this one.
• Sexual Harassment - You should never be fired for refusing sexual advances from a fellow employee. If you are, you will have a rock solid wrongful termination lawsuit on your hands that any competent San Diego lawyer will able to win in no time at all. Chances are you will be able to settle outside of court for a hefty sum - making you rich and your employer very sorry for harassing you.
• Violation of Family and Medical Leave Act (FMLA) - According to federal law, covered employers must give all eligible employees up to a total of 12 workweeks of unpaid leave if they ask for it. These 12 weeks can be taken during any 12-month period for one or more of the following reasons:
  • for the birth and care of the newborn child of the employee;
  • for placement with the employee of a son or daughter for adoption or foster care;
  • to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
  • to take medical leave when the employee is unable to work because of a serious health condition.

  Your employer is required to keep your job available for you in case you make use of this right that you have. If they don’t, you will have a strong case against them.

• EEOC Claims
• DFEH Matters

One of the most important things about working in California is that all employees are “at will.” What this means is that business are within their rights to terminate you for any reason. That means that if it is a Tuesday and they draw your name out of a hat your employer could fire you just because. There is nothing protecting you from that even though it is entirely arbitrary and very “unfair.” So in order for you to have a solid wrongful termination case you will need to have been fired in violation of federal or state law as was outlined in part above. Check is your San Diego lawyer to make sure that you have a rock solid case.

Many attorneys will charge a contingency fee in these types of cases. What that is is a percentage of the settlement that you earn from winning your case! After all, most lawyers wouldn’t touch a case like this if they didn’t think they could win and win big. Wrongful termination cases can be very lucrative for you and your lawyer!