San Diego Wrongful Termination Lawyer
Fighting For the Rights of Employees for 10+ Years
California is an “at-will” employment state. This means that a person can be fired at any time for any reason or no reason at all, with or without notice, unless they have an employment contract or employment agreement that states otherwise. It is therefore against the law to fire someone against the terms of the contract or for any reason that can be considered a violation of public policy.
For instance, an employee is unjustly fired in violation of public policy if their employer fired them because they refused to commit certain acts as part of their job duties that are known to be illegal. It is also wrongful termination if an employee has been fired due to their race or religion.
Steps to Take After Wrongful Termination in California
What Sets Us Apart From The Rest?
Law Office of Devon K. Roepcke, PC is here to help you get the results you need with a team you can trust.
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THE OPINIONS THAT MATTER THE MOST
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"He Is Very Knowledgeable with CA Labor Laws"Devon K Roepcke was super informative and helpful. He is very knowledgeable with CA labor laws.- Vanessa
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"Mr. Roepcke Got The Best Possible Result"Pursuing a legal attorney in your case case can be daunting; the mental analyzing of your situation, picking out an attorney who best represents your interests, and second-guessing if you are doing the right thing.- Brian
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"He Was Reachable at All Times"I would HIGHLY recommend Devon Roepcke for legal representation! He was reachable at all times, kept me in the loop throughout the whole process, and I had a check in my hand in less than 3 months!- Jay
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"He Is a Natural Strategist"Attorney Roepcke made my experience regarding my wrongful termination easy and painless. He is a natural strategist and loves fighting the good fight!- Gabriel
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"Extremely Knowledgeable and Helpful About Employment Law"Devon was extremely knowledgeable and helpful about employment law. He consulted with me about a potential case and was honest, thorough, and easy to talk to.- R.S.
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"Very Friendly & Informative"Called Devon today regarding an employment issue. He was very friendly and informative. My situation has some complexity and he clearly walked me through the potential outcomes to help me make an informed decision. Highly recommend. Thanks so much, Devon!- Danielle
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How to File a Complaint for Wrongful Termination
- File a claim with the California Department of Fair Employment and Housing (DFEH).
- The DFEH is a California state entity that helps employees resolve disputes with their employers or former employers. The DFEH has employees file pre-complaint inquiries online, which allow the DFEH to prescreen the merits of your case. If it deems your case does have merit, the DFEH will initiate a formal complaint. If the DFEH decides not to initiate a formal complaint, you may decide to file a lawsuit.
- Consider State Court for Your Complaint.
- You also have the option of filing a complaint in state court immediately, rather than going through the DFEH administrative process. However, you must first submit a request to obtain a “Right-To-Sue” letter from the DFEH, which, if approved, allows you to file your complaint in any State Court that has jurisdiction. The DFEH recommends working with an attorney if you wish to file a lawsuit in State Court.
- When to File 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 (i.e., California), but no state is allowed to make laws that would provide fewer protections. As a result, it is generally more beneficial to file your complaint in State Court. Nonetheless, sometimes it is appropriate to file in Federal Court if your case concerns federal laws.
Get Help from a San Diego Employment Law Attorney
The legal process for resolving a wrongful termination case can be complex, whether you seek legal remedy through a complaint with the DFEH or in a lawsuit. An experienced lawyer can help you build a strong case to pass through the DFEH, or they can help you determine whether to file in Federal Court or State Court, which is a tactical decision that varies from case to case based on the circumstances of your complaint and the specific laws that apply.
California wrongful termination laws are nuanced and may 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. However, they have no right to fire someone for an illegal reason. If you were subjected to wrongful termination in San Diego, our wrongful termination attorney at the Law Offices of Devon K. Roepcke, PC can assist you in determining whether you have a wrongful termination case on your hands.
Contact Our San Diego Employment Law Team at (619) 492-2444 for a Free Consultation and Protect Your Rights Today.