Wrongful Termination Lawyer San Diego – Looking for the best wrongful termination law in San Diego, CA? Losing a job is a stressful situation for anyone. If you believe you have been treated unfairly, your termination may violate California law. Although California is an “at-will” employment state, an employer cannot discriminate against or retaliate against an employee. If a termination decision violates an employee’s rights, Fairchild Employment Law is here to fight for you and hold them accountable.
Although California law considers employment “at will,” an employer may fire an employee for any reason, subject to certain limitations. A wrongful termination case occurs when an employer terminates or refuses to hire an employee because of the employee’s actual or perceived defensive behavior. The following categories are protected from discrimination under California law.
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It is also illegal for an employer to fire or refuse to hire an employee who has one of the above protected characteristics, such as a spouse or family member.
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Additionally, an employee may not be fired for engaging in protected activity under California labor law. Some examples are: It is wrong for an employer to spend time before a grand jury (Labor Code Sections 230(a) and (b)), to retaliate against employees for -participating in political activity (Labor Code Sections 1101 and 1102), or discussing your salary with other people. (Subparagraphs “a” and “b” of Article 232 of the Labor Code).
An employee who files a wrongful termination claim is entitled to all lost wages and earnings. This includes past lost profits and future losses. An employee has the right to monetary compensation for mental pain, distress, humiliation and emotional distress, and to be prevented from engaging in similar behavior by the employer in the future.
If you believe you have been unfairly terminated, your legal rights have been violated. Contact FEL today for a free consultation at (619) 306-1454 or info@ It’s personal to us. We know the difference between right and wrong, and it all depends on our skill in reminding others of this difference.
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With beautiful scenery and wide beaches, San Diego is the eighth largest city in California. It is home to nearly 1.5 million people who work in the military, medical and defense sectors. With so many hardworking people, it’s no wonder that hiring a San Diego wrongful termination attorney is so important.
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You work hard to get your job. In many cases, they win more qualified employees than others. Many workers spend years in school to learn a job or get an education. Employees often work long hours to gain skills and experience for their jobs. This is not the case, and it is often illegal for employers to fire you because your San Diego employer discriminated against you, violated your legal rights, or refused to accept illegal sexual requests. Employers who hire temporary workers can usually fire you for any reason, but there are limits. These limits are set by federal and state laws. Our job at The Miracle Mile Legal Team is to hold employers accountable for violating these laws.
At Miracle Mile Law Group, our strong San Diego wrongful termination attorneys litigate claims before the Equal Opportunity Commission (EEOC, a federal agency) and the California Department of Fair Employment and Housing (a state agency). Our attorneys are very experienced in suing employees in San Diego for wrongful termination. We have the experience and resources to help you get justice. Contact the Employment Law Office at (888) 244-0706 7 days a week for a free and confidential case evaluation.
California is known as a volunteer state. This means that you can be fired for any reason. Employers often have wide latitude to make decisions that negatively affect your career.
But they cannot be fired for illegal reasons. Exemption factors include your age, race, disability, sexual orientation, pregnancy, or informant status, among other factors. The policy behind wrongful termination is to protect the disadvantaged from an uneven playing field. It’s easy to see why, because corporate America has millions of dollars to hire great lawyers, but the average Joe doesn’t.
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Can an employer in San Diego fire you if you have a written employment contract or collective bargaining agreement?
Employers, as long as they don’t violate federal or California wrongful termination laws, can generally fire an employee without a written contract for any reason. Some exclusions may apply. For example, an employer who learns that an employee has left a well-paying job or moved out of state may have “cause” to fire the employee based on the employer’s continued employment.
Those who have been fired and have a contract (individual written contract or collective bargaining agreement) can file a contract claim if the employer terminates them for breach of contract. Many employers write contracts for employees that they believe are too expensive. These employees include managers; controllers; People with advanced technical or scientific skills, people with high business skills, managers and employees who are good at doing business.
Employees can be protected from wrongful termination if the employment relationship is governed by a collective agreement. Employers must abide by the terms of the contract. Some of these terms are similar to written personal agreements, such as meeting certain performance requirements.
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Employers usually cannot terminate your employment if you assert your legal rights. There are federal and state laws that specifically prohibit retaliation by an employer. Our San Diego wrongful termination attorneys explain when employee retaliation laws apply. Then we require you to return to work and receive all compensation allowed by law. We represent workers in San Diego when employers wrongfully terminate your employment by:
Wrongful termination also includes any action that violates public policy, including retaliation against a San Diego employee;
If you experience any of the listed points, it is best to contact our San Diego wrongful termination law firm.
The main federal law that protects San Diego workers and workers nationwide is Title VII of the federal Civil Rights Act of 1964. This law (which primarily applies to employers with 15 or more employees) protects covered employees from illegal discrimination based on who they are. the following:
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The EEOC has expanded the application of the Civil Rights Act to include discrimination in wrongful termination cases based on an employee’s gender identity or transgender status.
Employers include “one or more individuals, governments, public bodies, political subdivisions, unions, partnerships, associations, corporations, legal representatives, joint ventures, joint-stock companies, trustees, unincorporated organization, trustee, and other organizations.”
Some federal and California laws provide tort protections for workers fired because of disability, age 40 or older, national origin, marital status, pregnancy, military status, genetic information, and other factors, including gender. These rules include:
Our experienced San Diego attorneys will make sure you are protected. We will explain what evidence is useful to prove your case. We help you find employment records, including performance reviews and company email.
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Don’t let your employer fire you because of how you look, who you are, how you stand up for your rights, or any other valid reason. If you have been wrongfully fired, our experienced San Diego attorneys are ready to protect your rights. Call the Miracle Mile legal team today to discuss your employment rights. You can call us at (888) 244-0706 or contact us online for a free case evaluation.
False terminations are not always easy to recognize. Your employer cannot tell you that you were fired for illegal reasons.
More and more often to understand how
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