California Employment Law Attorney For Wrongful Termination
When your employment is unjustly terminated, it can be a challenging and overwhelming experience that may also introduce financial hardships.
I am employment lawyer Nicole Barvié of Barvie Law, and I have dedicated a large portion of my career to representing those who are treated unfairly in San Diego workplaces. My unwavering commitment to mistreated California workers means I will launch a relentless campaign to protect your rights. Call my office for a free consultation.
What Constitutes Wrongful Termination In San Diego?
Under California law, wrongful termination occurs when an employer dismisses an employee for reasons that are illegal or against public policy. Some examples of wrongful termination include:
- Firing an employee for discriminatory reasons, such as race, gender, age or disability
- Terminating an employee as retaliation for whistleblowing or reporting illegal activities
- Dismissing an employee for exercising their legal rights, such as taking family or medical leave or reporting unsafe work conditions
- Breaking the terms of an employment contract without just cause
California provides robust protections against wrongful termination. The Fair Employment and Housing Act (FEHA) and other state laws ensure that employees are safeguarded from illegal dismissal. My goal is to help you navigate these laws and obtain the justice you deserve.
Steps To Prepare For A California Wrongful Termination Claim
A well-prepared claim is crucial for a successful wrongful termination case. Here are some essential steps to take:
- Document everything: Keep records of all relevant communications, including emails, memos and performance reviews.
- Gather evidence: Collect any documentation or evidence that supports your claim, such as witness statements, pay stubs and company policies.
- Consult an attorney: Talk to a lawyer to understand your rights and the strength of your case.
- File a Complaint: If necessary, file a complaint with the appropriate government agency, such as the California State Department of Fair Employment and Housing (DFEH) – I can guide you through this process.
Taking these steps can strengthen your case substantially while improving your odds of achieving a favorable outcome.
Frequently Asked Questions About Wrongful Termination
Sudden termination of your employment can throw your entire world into disarray.
At Barvie Law, you find answers to your questions and learn more about your options. Here is some important information:
Can I file a wrongful termination claim if I was an at-will employee?
Yes. At-will employment means that an employer can terminate an employee for nearly any reason – as long as that reason is not unlawful.
Unlawful terminations include situations where an employer is being discriminatory, such as firing someone for their gender, ethnicity or religious beliefs. An employer also cannot terminate an employee as a form of retaliation for reporting workplace harassment or discrimination. At-will employees are also protected from wrongful termination if they are whistleblowers who reported unsafe or unethical issues in their workplace.
If you are an at-will employee and believe you were wrongfully terminated, you should speak to an experienced attorney. I can help determine if you were wrongfully terminated and evaluate the losses you have suffered.
How long do I have to file a wrongful termination claim?
The deadline you have to file a wrongful termination claim is referred to as the statute of limitations, and that varies according to the underlying basis for your claim. In general, you have:
- 300 days after your termination and 90 days after receiving a right-to-sue notice, if your claim is related to discrimination or harassment under the Fair Employment and Housing Act
- Two years from the date of termination if you had an oral or implied contract or your claim is related to a violation of public policy
- Four years from the date of termination for violations of a written contract
Understanding the applicable statute of limitations can be difficult. If you fail to file a claim within the deadline, you forfeit your right to seek damages, so early attorney guidance is essential.
Can I negotiate a severance package if I was wrongfully terminated?
A severance package is not always offered when an employee is terminated. However, if an employee was wrongfully terminated, they may have the right to negotiate a severance package for their losses. If an employer is unwilling to negotiate a severance package, compensation may be recovered through court.
Can I collect unemployment benefits if I was wrongfully terminated?
Yes, but you may encounter resistance from your employer. In general, you can receive unemployment any time you were fired without just cause. Unemployment is not the same as compensation for a wrongful termination, however; it is merely a financial safety net as you seek new employment.
Call To Learn More At No Cost
If you believe you were wrongfully terminated, you have legal options to consider. To schedule your free consultation, contact me in San Diego through my online form or by dialing 619-345-0008. Let me explain your options and help you fight for the justice you deserve.