San Diego Wrongful Termination Lawyer

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CALIFORNIASAN DIEGO WRONGFUL TERMINATION LAWYER

A wrongful termination can be one of the most difficult and overwhelming experiences to face. At Mara Law, we understand how deeply such an event can affect your livelihood and well-being. If you feel that your termination was illegal, our wrongful termination lawyer in San Diego is here to support you, ensuring your rights are preserved, and your case is treated with the delicacy it deserves.

How Our San Diego Wrongful Termination Lawyers Approach Your Case

Every wrongful termination case is unique in one or many ways, and so is our approach to it. In that regard, our team will work with you to:

  • Identify all violations of federal, state, and local employment laws.
  • Document termination notices, performance reviews, and any correspondence with your employer.
  • Determine the most viable legal course of action to obtain compensation and accountability.

Legal Protections Against Wrongful Termination in California

California employment laws are considered among the most favorable to employees in the country. According to these laws, a business may wrongfully terminate an employee if their protected legal rights are violated. The rights in question are fundamental to workplace fairness.

Protected Classes Under California Employment Law

California’s FEHA protects employees from discrimination based on racial or ethnic origin, gender, age, religion, physical disability, or sexual orientation. These are designed to protect employees against discrimination based on their status in a protected class. For instance, federal regulations by the EEOC outline various protections against discrimination and retaliation in the workplace. According to the regulations, protection from biases that may create unfair outcomes on decisions regarding their employment is critical for workers.

Retaliation Claims and Legal Actions

Retaliation is punishment against a worker from an employer for engaging in an activity that is legally protected, such as reporting harassment in the workplace and engaging in whistleblower activities. The state law prohibits that and provides avenues for workers to seek legal remedies in the case of retaliatory dismissals.  Retaliation cases are among the most frequently litigated employment issues in California, according to resources provided by LawHelpCA.org, so the laws that protect them against these unscrupulous practices will mean a lot.

How California Laws Protect Employees from Wrongful Termination

California is an “at-will” employment state, which means employers are free to discharge employees without cause. There are exceptions to this rule when the termination of employment is against public policy or in violation of an employment contract. 

Types of Damages You Can Recover in a Wrongful Termination Lawsuit

In a lawsuit like this, you are trying to be made whole due to your employer’s actions. Damages can come in many forms, and it is important to ensure that you are properly compensated for both economic and non-economic losses.

Lost Wages and Compensation

Lost wages are the most substantial part of recoverable damages. These include back pay, which is representative of what you would have earned had you not been fired, and front pay for losses you will suffer in the future. These damages could bridge the financial gap caused by the loss of income if your wrongful termination led to a long period of unemployment. 

Emotional and Psychological Damages

Wrongful termination can be a source of emotional distress for the employee: anxiety, depression, and loss of self-esteem may follow such an event. Damages can be granted to compensate for these non-economic injuries, since courts recognize that these events can radically affect one’s personality. 

Punitive Damages for Employer Misconduct

On other occasions when the misconduct has been blatant, punitive damages might be considered by the court for preventing future occurrences. Therefore, this type of punitive damages can penalize employers’ willful or malicious violations of law. 

Statute of Limitations for Wrongful Termination Cases in San Diego

California law strictly allows particular deadlines to file a wrongful termination claim. Generally, employees file claims:

  • Within two years – Wrongful termination under the state’s public policy
  • Within three years – FEHA violation
  • Within six months-charges filed with the EEOC for federal claims.

Preparing for Your Wrongful Termination Case with a San Diego Lawyer

For the highest possible chance of success, we recommend our clients to:

  • Keep detailed documentation of all correspondence, emails, memos, and text messages related to your employment.
  • Collect proof of discriminatory or retaliatory practices in the form of witnesses or a paper trail that points to a pattern of unfair treatment.
  • Keep a log of the emotional and financial effects brought about by the termination. These could be simple notes of how losing your job affected you, your relationships, and your mental state.

Contact Our Experienced San Diego Wrongful Termination Lawyers for Help

California Employment Law Attorney David Mara

 

Contact Mara Law to discuss your case with a trusted San Diego wrongful termination lawyer. We’re committed to fighting for your rights and helping you rebuild your future. Call us today to schedule a consultation.

 

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney David Mara who has more than 20 years of legal experience in employment law.

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