San Diego Wrongful Termination Lawyer
Looking for a San Diego wrongful termination lawyer? Look no further than Waltman Employment Law. We are ready to represent you in court. Call us now.
Why You Need a San Diego Wrongful Termination Lawyer
If your employer fired you for an illegal reason, a wrongful termination attorney in San Diego can help you fight back. California’s at-will employment laws do not give employers the right to terminate you based on discrimination, retaliation, or other unlawful practices.
Losing your job under these circumstances creates financial stress, emotional hardship, and uncertainty about your future. You deserve accountability—and compensation for what you’ve lost.
At Waltman Employment Law, we have extensive experience representing San Diego workers in wrongful termination cases. We hold employers accountable for violating California and federal employment laws while pursuing every dollar you’re owed in lost wages, benefits, and damages.
What is Wrongful Termination in California Law?
Wrongful termination occurs when an employer fires an employee for reasons that violate federal, state, or local laws. While California operates under at-will employment—meaning employers can generally terminate workers without cause—several critical exceptions protect you from unlawful dismissal.
Federal protections under Title VII of the Civil Rights Act prohibit termination based on race, color, religion, sex, or national origin. California’s Fair Employment and Housing Act (FEHA) extends these protections to include disability, age, sexual orientation, gender identity, and other characteristics.
If your employer fired you because of a protected characteristic or in retaliation for exercising your legal rights, you likely have a valid wrongful termination claim.
Exceptions to At-Will Employment in California
Three key exceptions limit an employer’s ability to terminate at-will employees in California.
Implied contracts can arise from verbal promises, employee handbook policies, or long-term employment history. When employers create reasonable expectations of continued employment, courts may hold them to those implied agreements.
The public policy exception prevents termination for reasons that violate fundamental public interests—including firing workers for reporting illegal activities, refusing to participate in unlawful conduct, or filing workers’ compensation claims.
The covenant of good faith and fair dealing requires employers to act fairly. Courts have held employers liable for malicious terminations—such as firing long-term employees just before pension vesting or dismissing salespeople right before major commission payments.
Common Grounds for Wrongful Termination Claims in San Diego
Workplace Discrimination
FEHA prohibits employers from terminating employees based on age, ancestry, color, disability, marital status, national origin, race, religion, sex, or sexual orientation. Discriminatory practices—including biased hiring decisions, segregating employees, and perpetuating stereotypes—create grounds for wrongful termination claims when they lead to your dismissal or force you out through a hostile work environment.
Sexual Harassment and Hostile Work Environment
When harassment creates intolerable working conditions that force you to quit, California law recognizes this as constructive discharge—legally equivalent to wrongful termination. If you experienced harassment leading to your departure, you may pursue compensation for damages and emotional distress.
Retaliation for Protected Activities
California’s public policy exception protects employees who refuse to engage in illegal activities, fulfill legal obligations, exercise legal rights, or report potential violations of important laws. Whistleblower protections under both federal and state law shield employees from termination for reporting employer misconduct.
Military Service Discrimination
The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits employers from terminating employees due to military obligations or veteran status. This includes protection for military leave, National Guard duties, and reserve service. Veterans returning from deployment have reinstatement rights to their previous position or an equivalent role.
Political Affiliation Protections
Under California Labor Code Section 1101, employers are prohibited from discharging employees for engaging in political activities conducted outside of work hours. These protections cover voting preferences, campaign participation, and membership in political organizations.
Fraudulent Termination Practices
Some employers use deceptive tactics to justify termination—such as fabricating performance issues, backdating disciplinary records, or falsifying time sheets. When employers engage in fraudulent termination practices, they face significant liability, including punitive damages.
Legal Remedies for Wrongful Termination in San Diego
Successful wrongful termination claims can result in several forms of relief depending on your circumstances.
Financial compensation includes back pay for lost wages, front pay when reinstatement isn’t feasible, and recovery of lost benefits. Some successful cases result in substantial payouts covering extended periods of unemployment.
Job reinstatement returns you to your former position, particularly common in retaliation cases. This remedy eliminates the financial burden of finding new employment, though many clients opt for compensation when workplace conditions have become untenable.
Punitive damages punish employers for egregious misconduct and deter similar behavior. California courts take employer misconduct seriously, and punitive awards can reach substantial amounts in discrimination, harassment, or retaliation cases.
Damages Available in San Diego Wrongful Termination Cases
California law allows wrongful termination victims to recover both economic and non-economic damages.
Economic damages compensate for direct financial losses:
- Lost wages from termination date through case resolution
- Missed salary increases, bonuses, and commissions
- Lost benefits including health insurance and retirement contributions
- Diminished future earning capacity
Non-economic damages address intangible harm:
- Emotional distress from the wrongful termination
- Pain and suffering from job loss
- Damage to professional reputation
- Loss of self-worth and mental well-being
In cases involving particularly egregious employer conduct, courts may also award punitive damages to punish the employer and deter similar behavior.
How Waltman Employment Law Handles Your Case
Wrongful termination cases can be complex and intricate. If you want to significantly increase your chances of success, contacting a San Diego wrongful termination attorney is your best bet.
At Waltman Employment Law, we assist you by:
- Explaining the Law: Employment laws and terms can be perplexing and challenging for those unfamiliar with them. Our experienced wrongful termination attorneys alleviate this confusion by deciphering the intricate legal jargon and providing clear explanations.
- Case Evaluation: We determine whether you may have a case for wrongful termination. We help you understand what is needed to prove wrongful termination and the process involved in making a claim, and we guide you on the most effective course of action.
- Calculating Damages: Being wrongfully terminated can result in significant financial losses and cause substantial emotional distress. We accurately evaluate the damages caused by the termination so you can file a wrongful termination case to seek fair compensation.
- Facing Employer Attorneys: Your employer may have a dedicated team of legal professionals who handle wrongful termination cases. Our attorneys skillfully navigate these interactions, negotiating with the company’s attorneys to prioritize your best interests.
Contact Waltman Employment Law Now
Navigating California’s employment laws after wrongful termination feels overwhelming—but you don’t have to face it alone. Waltman Employment Law provides experienced representation for San Diego workers facing discrimination, harassment, retaliation, and other unlawful termination practices.
We assess your damages, build a strong case, and fight to recover the compensation you deserve. Every client receives personalized attention tailored to their unique circumstances.
Contact Waltman Employment Law for a free case evaluation. Let us help you hold your employer accountable.
Frequently Asked Questions About Wrongful Termination
What is the Statute of Limitations for Filing a Wrongful Termination Claim in California?
Generally, you have one year from the date of termination to file a complaint with the California Civil Rights Department (formerly DFEH). For most wrongful termination lawsuits, the statute of limitations is two years, but this timeframe varies based on the specific circumstances of your case.
How Do I Prove I Was Wrongfully Terminated?
Proving wrongful termination typically requires showing that your termination violated employment laws or contractual agreements. Documentation is crucial – preserve emails, performance reviews, witness statements, and any other evidence that supports your claim. Our attorneys can help identify what evidence strengthens your specific case.
Can I Be Fired While on Medical Leave?
While employers can terminate employees on leave for legitimate business reasons unrelated to the leave itself, terminating an employee specifically because they took protected medical leave (such as FMLA or CFRA leave) is illegal. If you suspect your medical leave prompted your termination, contact us immediately to evaluate your situation.
What Compensation Might I Receive If My Case Succeeds?
Each case is unique, but potential compensation may include back pay, front pay, compensation for emotional distress, and in some cases, punitive damages. The specific amount depends on factors including your salary, benefits lost, and the severity of your employer’s conduct.






