Wrongful Termination in California

The Law Offices of 
Devon K. Roepcke, PC
Employment Attorney - San Diego

Wrongful Termination LAwYERS

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

What is the Law on Wrongful Termination?

California is an “At-Will” state. This 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 fires an employee for 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 an employer firing an employee because the employee refused to do work or commit acts which are known to be illegal. A person can also be considered to have been wrongfully terminated for a number of other reasons.
California termination laws in this area can be complex, and vary on a case-by-case basis. Furthermore, many employers claim (often falsely) that because California is an “At-Will” state, they are within their rights to fire an employee at any time for any reason.
An Employment Attorney can assist you in determining whether you have been wrongfully terminated in violation of public policy.

How do I file a case for Wrongful Termination?

The first step when considering filing a complaint of Wrongful Termination is to consider the appropriate category. The following are categories upon which Wrongful Termination may be based:
  • Race (Racism)
  • Religion
  • Age (Ageism)
  • Sex (Sexism)
  • National Origin
  • Sexual Orientation
  • Gender Identity
  • Being a Whistle Blower and reporting illegal activity
The second step in filing your Wrongful Termination complaint is to decide which method best serves your needs. The following are three ways to file a Wrongful Termination complaint:
  • File the claim with the California Department of Fair Employment and Housing (DFEH).

    • DFEH is a California state entity that assists employees to resolve disputes with their employers, or former employers. The DFEH allows employees to file pre-complaint inquiries by either filling out a form located on their website or by using their online system called “Houdini.” A pre-complaint inquiry allows the DFEH to prescreen the merits of a person’s case. If the DFEH determines that the case has merits, the DFEH initiates a formal complaint. If the DFEH decides not to initiate a formal complaint, the individual still has the option to file a lawsuit in court.
    • (Click Here For DFEH 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 (DFEH) 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 obtain 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 DFEH also recommends that a person seek the assistance of an attorney if they wish to file a lawsuit in State Court.
  • File the Complaint in Federal Court.

    • Federal law establishes the basis for all employment laws 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 fewer protections to employees. California is a state that provides more protections to employees. Hence, it is generally beneficial for employees to file their complaints in State Court. That said, there are instances in which the 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 complaint and the specific law that applies.
The Law Offices of Devon K. Roepcke, PC is an employment law, business law, and business litigation firm based in San Diego, California. We have built a solid reputation for our practical and honest approach to practicing law and representing our clients.

Our office offers you personalized attention in a supportive atmosphere for all employment legal needs. At the Law Offices of Devon K. Roepcke, PC, you are a valued client - not just a case number. To avoid unnecessary legal expenses and stress, we will provide you a free consultation to determine if you have a viable case. We will be honest and tell you exactly what can (and cannot) be done in your legal situation.
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Law Offices of Devon K. Roepcke, PC
170 Laurel Street
San Diego, CA 92101
Law Offices of Devon K. Roepcke, PC
170 Laurel Street
San Diego, CA 92101
Law Offices of Devon K. Roepcke, PC
170 Laurel Street
San Diego, CA 92101
+1 (619) 940-5357
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The Law Offices of Devon K. Roepcke, PC – Employment Lawyers in San Diego, CA 

We serve clients throughout the San Diego Metro Area, including Chula Vista, Clairemont, Coronado, El Cajon, Imperial Beach, La Jolla, Lemon Grove, Miramar, Mission Beach, Mission Valley, Pacific Beach, Poway, Rancho Bernardo, Solana Beach, Spring Valley, and throughout California.

We are also licensed to practice law in Arizona.
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