Employment Law Attorney - San Diego

The Law Offices of Devon K. Roepcke

San Diego Wrongful Termination Lawyer

Wrongful Termination in California

Wrongful Termination Claims

San Diego Wrongful Termination Lawyer

If you are looking for a San Diego wrongful termination lawyer, the Law Offices of Devon K. Roepcke can help you with your claim. We can also help individuals throughout California with their wrongful termination case.

What is the Law on Wrongful Termination?

  • California is an At-Will state. This basically means that a person can be fired at any time for any reason, with or without notice, unless they have an Employment Contract or Employment Agreement that states otherwise. However, unlawful termination can still occur if an employer fired an employee due to any reason that can be considered a violation of Public Policy.
  • One example of an employee being unjustly fired in violation of public policy includes a employer firing an employee because the employee refused to do work, or acts, which are known to be illegal. A person can also be considered to have been wrongfully terminated if they were fired on the basis of Race, Religion, National Origin, or Sexual Orientation.
  • California termination laws in this area law can be very complex, and vary on a case by case basis. Furthermore, many employers will claim that because California is at At-Will state, that they are within their rights to fire an employee at anytime for any reason.
  • A Employment Attorney can assist employees in determining whether they have been wrongfully terminated in violation of public policy.

San Diego wrongful termination lawyer from the Law Offices of Devon K. Roepcke can provide a free consultation for all individuals who feel they were wrongfully terminated.

How do I file a case for Wrongful Termination?

  • The first thing to evaluate when considering filing a complaint for Wrongful Termination is deciding what category of case is appropriate. The following are categories of lawsuits that could fall under the Wrongful Termination category:
    • Termination based on Race (Racism)
    • Termination based on Religion
    • Termination based on Age (Ageism)
    • Termination based on Sex (Sexism)
    • Termination based on National Origin
    • Termination based on Sexual Orientation
    • Termination based on ones Gender Identity
    • Termination based on being a Whistle Blower and reporting illegal activity
  • The second thing to evaluate is how you want to file your complaint, and which method best serves your needs. The following are three ways to file a Wrongful Termination complaint: (1) Initiate a Complaint with the California Department of Fair Employment and Housing, (2) Initiate a Lawsuit in California State Court, or (3) Initiate a Lawsuit in Federal Courts located within California. Below are explanations of each method:
    • File the claim with the California Department of Fair Employment and Housing (DFEH).
      • DFEH is a California state entity that assists employees resolve disputes with their employers, or former employers. The DFEH allows employees to file pre-complaint inquires by either filing out a form located on their website, or by using their online system called “Houdini.” A pre-complaint inquiry allows the DEFH to prescreen the merits of a person’s case, and if the DEFH decides that a person’s case has merits, the DEFH initiates a formal complaint. If the DEFH decides not to initiate a formal complaint, the individual still has the option to file a lawsuit in court.
      • (Click Here For DEFH Website and Complaint Page)
    • File the Complaint in State Court.
      • California law provides extensive protections for employees, especially for employees who believe they have been terminated on the basis of Race, Religion, National Origin, Sex, Gender Identity, Sexual Orientation, or for being a Whistle Blower against illegal activity. The Department of Fair Employment and Housing allows an employee to file a complaint in State Court immediately, rather than using the department’s administrative process. A person must first submit a request to get what is called a “Right-To-Sue” letter from the agency. Once that request is approved, a person can file their complaint in any State Court that has jurisdiction. The DEFH also recommends that a person seek the assistance of an attorney if they wish to file a lawsuit in State Court.
      • (Click Here If You Would Like To Be Contacted by an Attorney to File Your Case)
    • File the Complaint in Federal Court.
      • Federal law establishes the basis for all Employment Law in the United States. States are allowed to provide more protections to employees by creating their own laws; however, no state is allowed to make laws that would provide less protection to employees. California is a state that provides more protection to employees. Hence, it is beneficial most of the time for employees to file their complaints in state court. Although, there are instances where federal court is the appropriate place to file a Wrongful Termination claim based on the law. In summary, deciding to file in Federal Court versus State Court is usually a legal tactical decision that varies from case to case based on the circumstances of the case, and the specific law that applies.
      • (Click Here if You Would Like Assistance From a Attorney in Determining Where to File Your Case)

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    About Your Job (Check all that apply):

    I was paid on a hourly basisI was paid on a salary basisI was paid on a flat fee basisI was paid as an independent contractorI normally worked 40 hours or more per weekI worked for this employer for less than a yearI worked for this employer for more than a yearI worked for this employer for more than 3 years

    Main Concern or Issue (Check all that apply):

    Wrongful termination / Wrongfully firedSexual harassment by employerEmployer failed to pay overtimeDenied 10-minute breaks at any time during your employmentDenied 30-minute, uninterrupted, meal breaks at any time during your employmentYou were never reimbursed for valid work expensesEmployer is withholding your final pay checkEmployer is refusing to pay your final pay checkGot paid, but never (or only sometimes), received a pay stub/wage statementDid work from home (answering phone calls or responding to emails), and was not paid for it