Being wrongfully terminated from your job can be stressful and overwhelming. You may not know what to do next or how to take on your employer. The employment law attorneys at Fairchild Employment Law are here to help.
We represent victims of wrongful termination in San Diego with personalized and compassionate legal services. Our lawyers will help you pursue remedies such as lost wages, back pay, or job reinstatement. We are here to guide you and make sure you are supported at every turn.
Your brighter future begins with a conversation. Start your case by sharing your wrongful termination story with us during a free consultation. We will listen and determine the best course of action at no cost or obligation to hire us. Call (619) 306-1454 today.
No upfront costs. Your success is our priority.
Wrongfully Terminated? Take Action Now
Why Choose Fairchild Employment Law?
- We are an experienced employment law firm practicing in San Diego. Our founder, Jillian Fairchild, spent 15 years as a defense attorney. She knows how the other side operates.
- We will help your difficult situation feel manageable by clearly communicating with you throughout the process. We emphasize client-focused legal services and compassion.
- You will not pay our wrongful termination lawyers unless we win your case and achieve a financial recovery on your behalf.
What is Wrongful Termination?
Wrongful termination refers to an employer firing or terminating the employment of a worker based on a protected class, such as their sex, gender identity, age, race, or religion. It can also describe an employer refusing to hire someone because of who they are or how they are perceived.
Wrongful termination is against state and federal law. Although California is an “at-will” employment state, meaning employers can terminate workers at any time and for any reason (or no reason at all), they cannot fire someone for unlawful reasons. Termination cannot occur in violation of state or federal employment laws, a signed employment contract, or public policy.
How Do I Prove Wrongful Termination?
Proving wrongful termination in San Diego, CA, requires showing that your employer violated the law when ending your employment. California, being an at-will employment state, means employers can generally fire employees for almost any reason (including for no reason at all). However, this rule has exceptions. For example, you cannot be fired for illegal or discriminatory reasons.
To prove that a wrongful termination occurred, you must show that your firing was motivated by something unlawful, such as:
- Discrimination based on protected traits like race, gender, age, disability, and sexual orientation
- Retaliation for reporting things like harassment and unsafe working conditions
- Violation of a contract that guarantees job protection
- Whistleblower retaliation, such as being fired for exposing illegal activities
Evidence is key to building a successful case in these circumstances. If you can, keep copies of any written communications with your employer that might be relevant. Witness statements and documentation of complaints made to HR can also help demonstrate a pattern of unfair treatment.
If your employer gives another reason for the firing, such as “poor performance,” evidence showing bias or retaliation can still prove the termination was unlawful. A wrongful termination lawyer in San Diego can review your case and help gather the proof needed to support your claim.
How a Wrongful Termination Attorney in San Diego Can Help
If you were recently fired from your job in San Diego or did not get hired at any stage of the recruitment process for reasons you believe are related to discrimination or retaliation, an attorney can help you understand your legal rights and options moving forward. An employment lawyer can review your case and determine whether it has merit.
Your lawyer will guide you through your options for legal recourse, such as filing a complaint with a state or federal agency, bringing a claim and negotiating a settlement with your employer, or filing a lawsuit and going to court. The right attorney will find the best path forward to help you achieve your goals and maximize your compensation.
At Fairchild Employment Law, we draw on years of experience to craft legal strategies that work. We understand that a wrongful termination can be stressful, and we will guide you through every step of the recovery process with clarity about your case and situation. Our team will handle all of the legal legwork for you so you can have peace of mind.
How Much Can I Recover in a San Diego Wrongful Termination Case?
The amount you can recover in a wrongful termination case depends on the facts and circumstances of your situation and the losses you’ve suffered. Compensation in these cases can potentially include both economic and non-economic damages per California law.
Economic damages often include:
- Lost wages from the time you were out of work
- Lost future earnings if the firing affected your career path
- Lost employment benefits, such as health insurance or retirement contributions
Non-economic damages can cover more personal losses, such as:
- Emotional distress caused by the firing
- Damage to your reputation and professional standing
- Pain and suffering related to stress and anxiety
In rare cases, punitive damages may also be awarded. These are meant to punish employers who acted egregiously, such as with malice.
Your employment law attorney can calculate your total damages and negotiate with your former employer or their insurance company to reach a fair settlement. If necessary, they can also file a lawsuit and fight for your rights in court.
How Much Does a Wrongful Termination Lawyer Cost?
Fairchild Employment Law takes cases on a contingency fee basis, meaning we only get paid if your case is successfully resolved. We subtract our fee as a percentage directly from the settlement or judgment award achieved on behalf of the client.
If your wrongful termination case is resolved prior to court or arbitration, our fee is 33.3 percent. If your case is filed in court, our fee is 40 percent. Only about 5 percent of cases go to trial, as the majority reach settlements.
Your Protections From Discrimination in San Diego, California
As a worker in San Diego, you are protected against discrimination, harassment and wrongful termination under both Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act (FEHA). These laws prohibit firing or refusing to hire someone based on a protected characteristic.
Protected classes include:
- Age
- Color
- Disability (mental and physical)
- Gender identity or expression
- Genetic information
- Marital status
- Medical condition
- Military or Veteran status
- National origin
- Pregnancy or childbirth
- Race
- Religion
- Request for family care leave
- Request for leave for an employee’s own serious health condition
- Request for pregnancy disability leave
- Retaliation for reporting violations
- Sex/gender
- Sexual orientation
If your job was terminated based on any of these protected traits, it is wrongful termination. It is also unlawful to fire an employee for refusing to commit illegal acts or exercising a legal right, such as filing a workers’ compensation claim. Finally, you cannot be terminated if it is a breach of your employment contract.
Statute of Limitations for Wrongful Termination in San Diego
Various time limits, known as statutes of limitations, apply to wrongful termination claims in California. The exact deadline depends on the type of claim in question and the law that applies.
In most cases, you have:
- Three years to file a claim under the California Fair Employment and Housing Act (FEHA) for discrimination or retaliation
- Two years or four years to file a claim for breach of contract
- 180 days to file a complaint with the Equal Employment Opportunity Commission (EEOC) under federal law (extended to 300 days if an equivalent state law also applies)
If you miss the appropriate deadline for your claim, you could lose your right to pursue compensation, regardless of how successful your case might be otherwise. It’s best to reach out to a lawyer for help to make sure you file your claim correctly and on time.
What to Do if You Suspect Wrongful Termination in San Diego
You may be able to tell that you were wrongfully terminated from signs such as discrimination or harassment in the workplace beforehand, being fired shortly after complaining about workplace conditions or culture, getting inconsistent feedback about why you were terminated, or being replaced by someone outside of your protected class.
If you suspect wrongful termination, take the following steps to start building a case:
- Determine why you were fired. Identify the reason your employer gave you for the termination, as well as the actual underlying cause. If you were treated differently from your coworkers or recently engaged in a protected activity, for example, it could be wrongful termination.
- Collect evidence by documenting everything. Gather copies of relevant documents, such as your employment contract, termination notice, emails or messages from your employer, and performance review statements.
- Describe what happened. Write down the chain of events leading up to your termination in as much detail as you can remember. Include specific dates, times, and locations of incidents, if possible.
- Identify witnesses. If your coworkers or anyone else witnessed incidents of discrimination, retaliation, or bias, write down their names and contact information. Ask if they would be willing to give you statements.
Bring all of the information you have to a free consultation with the wrongful termination lawyers at Fairchild Employment Law. We will evaluate whether your employer violated the law with your termination and help you seek appropriate legal remedies.
Have You Been Wrongfully Terminated in San Diego? Get Help Today
If you have been wrongfully terminated or refused a job for reasons that go against the law or public policy, don’t hesitate to contact Fairchild Employment Law. We will help you take a stand against a powerful employer to protect the rights you are entitled to as an employee in California. Let us stand by your side during this difficult time. Write us a message today or call our San Diego office directly at (619) 306-1454 to arrange your cost-free case evaluation. We look forward to hearing your story.