San Diego Wrongful Termination Lawyer
Generally, the employer-employee relationship is governed by agreement between the parties. An employer decides what kind of skills they need for their business, and employees can decide what kind of work they want to do. When an employer no longer has need for the services of an employee, they are free to terminate the employee’s employment. Likewise, when an employee no longer wishes to continue working for a certain employer, they are also free to leave that employment. Employers have the right to establish policies and rules for their employees and employees are required to abide by those rules to keep their employment.
While this is how things generally work, there are exceptions to this freedom of the employer to exercise control over their employees. For public policy reasons, the law steps in to prohibit employers from taking certain employment actions. These prohibited employer actions are typically for the protection of a class of persons in society against discrimination. Employers are also prohibited from directing their employees to engage in unlawful actions. When an employee’s employment is terminated for an unlawful reason in violation of federal and state laws, or in breach of their employment contract, the employee might be a victim of a wrongful termination claim. If you have been wrongfully terminated, you need a wrongful termination lawyer to help you understand your rights and legal options.
At Browne Employment Lawyers, we have a passion for getting justice for victims of adverse employment actions including wrongful terminations. We have secured six- and seven-figure settlements for our clients in wrongful termination cases. Our San Diego wrongful termination lawyers aggressively pursue the interests of our clients to get the justice they deserve. We are open and honest with all our clients, and communicate frankly with our clients about their case and any questions they may have. At Browne Employment Lawyers, our employment lawyers only represent not corporations or employers. Our focus is on using our diverse experience to uplift the victims of injustices and get justice for them.
“David Browne & the entire team were absolutely fantastic to work with! I can’t more highly recommend them! I was stuck in 2 different difficult situations & they couldn’t have been more attentive, compassionate, & extraordinarily helpful with fantastic insight. I trust their team & have already recommended their services to friends. I couldn’t be more grateful for their help & it has restored my faith in humanity that there are teams out there like this looking to help others.” – Jenny Grace
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Not all employer actions are unlawful. Employers have the right to decisions in the interest of their business, and they may include employee terminations. If you have been terminated by your employer, you may question whether the termination is wrongful or not. A wrongful termination attorney can assess the facts of your case and determine whether you have grounds to sustain a wrongful termination claim. The San Diego employment law attorneys at Browne Employment Lawyers we offer free consultations to investigate and determine what your legal position is and whether we can represent you. To get the best out of your free consultation, it is helpful if you have the specific facts leading up to your termination. Any records of work incidents, including the names and contact information of the persons involved either as defendants or witnesses.
In California, all employment is presumed to be at-will. An employer can terminate an employee for no reason at all, or even an unfair reason, as long as the termination is not based on retaliation or discrimination. The employer does not have to justify their decision as long as the termination was not discriminatory or retaliatory.
Although all employment in California is presumed to be at-will, there are exceptions to this general rule. These exceptions include violation of company policy, violation of law, and violation of public policy.
Generally, wrongful terminations fall into three broad categories: breach of contract, discrimination, and retaliation or violation of public policy.
Most employment contracts in California are “at-will” agreements, which means that either party is free to terminate the employment at any time for any reason. There are some employment relationships that are based on contractual agreements with specific provisions for the term of the employment and other matters related to the employment. When an employment contract specifies the term or duration of the employment, the employer may not terminate the employment before the term without good cause. In the employment context, a good cause would be the employee’s continued failure to perform their duties or a breach of one of the terms of their contract. If you think you have been terminated in breach of your employment contract, you should speak to a wrongful termination lawyer who can review the terms of your contract and make a determination about your chances in a wrongful termination case.
There are classes of people who are protected from discrimination under Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act. Persons having protected characteristics such as race, gender, age, disability, or medical condition are prohibited from being terminated for reason of their protected characteristic. If you are a member of a protected class of persons and your employment was terminated because of that, a wrongful termination lawyer can help you understand your rights and take legal action.
Retaliation is another common type of wrongful termination cases. Sometimes, when employees exercise their rights by engaging in protected activities, employers retaliate by taking adverse employment actions against them. Some actions employers retaliate against include:
If you believe that you were wrongfully terminated due to discriminatory actions, the workplace discrimination lawyers at Browne Employment Law will help you fight for justice in your workplace.
Losing a job is challenging under any circumstances, but the situation becomes even more complicated and devastating if termination occurred under unlawful conditions. Wrongful termination involves an employee’s dismissal from work for reasons that are illegal or in breach of contract terms. If you find yourself in such circumstances, it is crucial to understand your rights.
If you’ve experienced adverse action based on any of the following actions, you may have a wrongful termination case:
Under the law, wrongful termination can cover a range of scenarios apart from outright dismissal. It can include a demotion, having your hours cut, unwarranted poor performance reviews, or change of job site that your employer knows is inconvenient for you.
Preparing for a wrongful termination claim is an important step to ensuring your rights are protected and you are vindicated. Here’s what you should do to prepare:
Document Everything: Documenting all relevant incidents, correspondences, and interactions is critical when preparing for a wrongful termination claim.
This includes any emails or memos that relate to your job performance, instances of discrimination or harassment you experienced or witnessed in the workplace, conversations, as well as proof of positive reviews or feedback received during the course of your employment.
Understand the Alleged Reason for Termination: Be clear about why you were terminated according to your employer– this will impact how we proceed with your case.
Gather Witnesses Information: Witnesses play a crucial role in corroborating wrongful termination claims. If you believe someone else saw illegal actions being taken against you, make sure you get their name and contact information.
They could potentially testify on your behalf and help strengthen your case. In some situations, this may involve formal depositions where witnesses testify under oath to what they’ve seen or heard.
Keep a Record of Job Searches: Document each job application you make after the termination to showcase efforts in mitigating monetary damages due to lost income.
Following these steps will provide a valuable foundation for crafting the most compelling wrongful termination case possible.
We serve all over San Diego, CA, including:
Point Loma | Bay Ho | Rancho Peñasquitos | North Park | South Park | Gaslamp Quarter | La Mesa | Balboa Park | Bankers Hill | Clairemont | National City | Mission Valley | San Ysidro | Normal Heights | Hillcrest | Pacific Beach | University Heights | East Village | Mission Hills | Bay Park | Little Italy | Old Town | Torrey Pines | La Jolla | Paradise Hills | Encinitas | Solana Beach | El Cajon
Employees in San Diego are protected by both federal and state laws, including the Civil Rights Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act (FEHA).
If you’re fired based on your race, color, religion, sex, national origin, disability, or age (if over 40), it may be considered wrongful termination.
Many employment attorneys work on a contingency fee basis, meaning they only get paid if you win your case. Initial consultations are often free, so you can discuss your case without upfront costs.
Because they are not employees, the concept of ‘termination’ typically doesn’t apply to them. However, there might be certain scenarios in which independent contractors can bring legal actions against an entity using their services.
One notable situation is when a worker has been deliberately or carelessly misclassified as an independent contractor instead of as an employee. Often this is done on the employer’s part to avoid providing benefits or fulfilling tax obligations for these workers. If it can be shown that you were wrongly classified and were essentially operating under terms more akin to traditional employment rather than independent contract work, you may have grounds for a wrongful termination claim.
If you have been wrongfully terminated, you need to contact a San Diego wrongful termination attorney as soon as possible. Browne Employment Lawyers offers free consultations and if you have a valid wrongful termination case, we will represent you on a contingency fee basis so you do not have to worry about legal fees unless we win. Call us today at 800-421-2594 or email firstname.lastname@example.org to schedule your free consultation.