Estimated reading time: 12 minutes

Table of Contents

• Introduction: Why this guide matters right now

• What counts as wrongful termination in San Diego

• Unlawful reasons for termination

• Retaliation: a frequent cause of wrongful termination

• Types of claims recognized in wrongful termination cases

• Why proving wrongful termination can be hard

• How a San Diego wrongful termination attorney helps

• Practical steps to take right now

• What outcomes can be possible

• The role of agency filings: DFEH and EEOC

• Common signs your firing may have been unlawful

• What to do if you got a severance agreement

• Consultations and fees: what to expect

• Leading law firms in San Diego that handle wrongful termination

• How to choose the right San Diego wrongful termination attorney

• Evidence checklist for wrongful termination

• Common defenses employers use—and what they mean

• What if you were asked to resign

• Special note on disability, pregnancy, and leave

• Step-by-step: Your first 30 days after a firing

• FAQ: Simple answers to common questions

• How cases move forward: from consult to resolution

• Why local knowledge matters in San Diego

• If you think your firing was wrong: a simple action plan

• Realistic expectations: what your attorney will tell you

• How to talk about your case

• Emotional support and next steps

• Why quick action helps your case

• Resources mentioned in this guide

• Final note

Introduction: Why this guide matters right now

If you are searching for a San Diego wrongful termination attorney, you are likely dealing with a sudden job loss and a lot of stress. You may be wondering if your firing was legal, what your rights are, and how to protect yourself. In California, most jobs are “at-will,” which means an employer can end the job at any time. But there are big exceptions. An employer cannot fire you for an illegal reason, like discrimination, retaliation, or for doing something the law protects. A San Diego wrongful termination attorney helps you spot those illegal reasons, gather proof, and fight for fair results under California and federal law View resource View resource View resource View resource. For a deeper look at wrongful termination law in California and how it compares across states, see this guide on wrongful termination laws in California: Learn more here. For practical steps on hiring a wrongful termination lawyer, see this ultimate guide: View resource.

This guide explains how wrongful termination works in San Diego and across California. It breaks down common illegal reasons for firing, what evidence matters, how attorneys handle these cases, what to expect in fees and consultations, and how to take smart steps today. It also lists several respected San Diego law firms that handle these cases and offer free consultations.

What counts as wrongful termination in San Diego

California is an at-will state. Your boss can end your job for many reasons, or even for no stated reason. But your boss cannot fire you for a reason that breaks the law. That is wrongful termination. Here are the basics:

• At-will employment has real limits. If a firing is based on discrimination, retaliation, or a violation of public policy, that can be illegal View resource View resource View resource View resource. For more on protected classes and what counts as discrimination under federal and state law, see: Learn more here.

• Even if your boss says “we let you go because of performance,” the real reason matters. If the true reason is illegal, the employer may be liable under California or federal law View resource View resource.

Unlawful reasons for termination

It is unlawful to fire a worker based on protected traits or for exercising certain legal rights. Employers cannot fire you because of:

• Race, color, religion, national origin

• Gender or sex (including pregnancy), sexual orientation

• Age (if you are 40 or over)

• Disability

• Other protected traits under state and federal law

• In retaliation for exercising legal rights, such as reporting harassment, wage theft, or unsafe work conditions, or taking part in a workplace investigation

These protections apply in San Diego and are grounded in state and federal laws that ban discrimination and retaliation View resource View resource View resource.

Retaliation: a frequent cause of wrongful termination

Retaliation happens when an employer fires an employee because the employee engaged in a protected activity. Protected activities can include reporting unlawful harassment, filing a complaint about unsafe work, reporting discrimination, requesting medical leave, or participating in an internal investigation. Even if the original complaint cannot be proven, you are still protected from retaliation for making a good-faith report View resource View resource. For more on how a retaliation lawyer can protect you and the steps to take after retaliation, see: Learn more here.

What to watch for:

• Timing: Were you fired soon after you complained or helped with an investigation? Note the dates.

• Pattern: Did your boss start writing you up only after you spoke up?

• Sudden changes: Did your schedule, duties, or performance ratings drop for no reason after your complaint?

Document each negative change that happens after your protected activity. Save emails, texts, and notes. This evidence can help show a link between your report and your firing View resource View resource.

Types of claims recognized in wrongful termination cases

Wrongful termination cases can be based on one or more of these legal theories:

• Discrimination: Fired because of a protected characteristic, such as race, gender, age, disability, or religion.

• Retaliation: Fired for whistleblowing or for exercising legal rights (for example, complaining about harassment, reporting wage issues, or taking protected leave).

• Breach of contract: Fired in a way that breaks a written contract or an implied promise (like a policy that promises progressive discipline).

• Violations of labor and employment laws: Fired for reasons that break state or federal statutes, such as laws protecting safety, wages, family leave, or public policy.

These claim types are recognized in San Diego and across California View resource View resource View resource.

Why proving wrongful termination can be hard

Most employers will not admit to an illegal reason. They may give a “neutral” reason, like “restructuring,” “performance,” or “fit.” But the question is what the real reason was. Attorneys often use indirect proof to show what happened. This can include timelines, documents, emails, texts, witness statements, suspicious patterns, or sudden changes after a worker exercised legal rights View resource View resource.

An experienced San Diego wrongful termination attorney knows the common signs and how to build the story with evidence. They can help connect the dots, even when the employer hides the motive View resource View resource.

How a San Diego wrongful termination attorney helps

A wrongful termination lawyer does more than file papers. They guide you through each step and help you make strong choices early. Common support includes:

• Case evaluation: The attorney reviews your story and your documents to see if your firing likely breaks state or federal law. They help you understand your options and possible outcomes View resource View resource.

• Evidence plan: The attorney helps gather and preserve proof. This includes documenting retaliatory acts, saving communications, and linking your protected activity to any adverse actions, like discipline or firing View resource View resource. For a practical checklist on what to prepare before you meet a lawyer, see: View resource.

• Agency filings: In many cases, you must file with a government agency before going to court. Your attorney can handle filings with the California Department of Fair Employment and Housing (DFEH) and the U.S. Equal Employment Opportunity Commission (EEOC), when required, to protect your rights and deadlines. They can also represent you in talks and in court View resource View resource View resource.

• Local expertise: California employment laws are complex and change often. Courts in San Diego also have their own local rules and practices. A San Diego wrongful termination attorney brings local and state-specific knowledge to your case View resource View resource View resource.

Practical steps to take right now

If you think your firing was illegal, small steps now can make a big difference later. Here is a simple checklist:

• Write down what happened: Dates, times, names, and what was said. Start with when you think the problem began, such as when you reported harassment or took protected leave, and then list all changes that followed View resource View resource.

• Gather documents: Offer letters, job descriptions, handbooks, policies, performance reviews, write-ups, emails, texts, calendars, and photos. Save copies from your personal devices where you have a right to keep them. Do not take or keep confidential employer data you are not allowed to have View resource.

• Save proof of your protected activity: Copies of your complaint to HR, emails reporting safety issues, notes from meetings where you raised concerns, or messages about taking leave. Keep a timeline that shows what happened next View resource View resource.

• Be mindful of deadlines: There are time limits to file with agencies like the DFEH or the EEOC. Do not wait to talk with a lawyer View resource View resource. For how to file a complaint with the EEOC and timing rules, see: View resource and View resource.

• Get legal advice early: A San Diego wrongful termination attorney can explain your rights, assess your case, and help you act fast to protect your claims View resource View resource View resource. Many firms describe their free consultation process here: View resource.

What outcomes can be possible

Every case is different. Your facts and documents matter. In many wrongful termination cases, workers pursue results such as:

• Back pay for lost wages and benefits

• Front pay in place of getting your job back

• Reinstatement in some cases

• Compensation for emotional distress, if the law allows

• Punitive damages in rare cases, when the conduct is very bad and the law supports it

• Attorneys’ fees and costs, when allowed by law

• Policy changes at the employer

• Settlement agreements that include payment and neutral references

Your attorney can discuss what may apply to your case based on your facts, the law, and the forum, whether that is an agency, arbitration, or court View resource View resource. For typical possible outcomes in discrimination and wrongful termination matters, see: View resource.

The role of agency filings: DFEH and EEOC

Some claims, like discrimination and retaliation under state and federal law, require you to file first with a government agency. In California, that is often the DFEH. At the federal level, it is the EEOC. A San Diego wrongful termination attorney can help you choose the right agency, file on time, and request a right-to-sue letter when needed. They can also handle the investigation process and talks that may lead to settlement. This is part of how they guide you through the legal process and improve the chance of a good outcome under California’s rules View resource View resource View resource. Practical guidance on filing an EEOC complaint is here: View resource.

Common signs your firing may have been unlawful

Look for these red flags:

• You complained about harassment, safety, wage theft, or discrimination, and were fired soon after.

• You took medical leave, pregnancy leave, or asked for a disability accommodation, and then faced write-ups or termination.

• You are part of a protected group, and your boss made biased remarks, “jokes,” or comments about age, gender, race, disability, pregnancy, or religion before firing you.

• The company broke its own policies, like skipping steps in progressive discipline without a reason.

• Your performance reviews were strong for years, then suddenly turned negative after you spoke up.

• Others outside your protected group were treated better for the same issue.

These patterns can help an attorney show discrimination or retaliation. The timing often matters a lot and can be shown through emails, calendars, and messages View resource View resource.

What to do if you got a severance agreement

If you were given a severance agreement, read it, but do not rush to sign. These agreements often include:

• A release of claims (you give up the right to sue)

• Non-disparagement and confidentiality terms

• Return of company property

• Deadlines to sign and rules about revoking

A San Diego wrongful termination attorney can review your severance package, explain what rights you may be giving up, and negotiate better terms when possible. Talking with a lawyer before you sign can protect you and may increase the value of your agreement View resource View resource. For negotiation strategies and what to push for in settlement talks, see: View resource.

Consultations and fees: what to expect

Good news: Many San Diego wrongful termination attorneys offer free initial consultations. Many also work on a contingency fee. That means you usually do not pay fees unless they recover money for you. This can make legal help accessible when you are out of work and worried about costs View resource View resource View resource View resource. For details about contingency fee arrangements, see: View resource and for what free consultations typically include: View resource.

During a free consult, be ready to talk about:

• Your job, title, and length of employment

• What happened, when, and who was involved

• What you reported and how the company responded

• Your documents, such as reviews, write-ups, emails, and texts

• What outcome you want (money, job back, reference, etc.)

A quick note on privacy: Be careful with what you send online. Ask the firm about how to share documents securely.

Leading law firms in San Diego that handle wrongful termination

Many strong firms in San Diego focus on employment law and help workers. Here are several that are recognized for wrongful termination cases and offer free consultations:

• Gomez Trial Attorneys: Known for a strong reputation, high number of successful outcomes, and experience with wrongful termination and employment law. They also note free consultations for these cases View resource.

• Ferraro Vega San Diego Employment Lawyers: Focused on employment litigation for workers across many industries. They provide in-depth wrongful termination resources and consultations View resource.

• Setyan Law: Handles a wide range of employment claims in San Diego and offers free consultations View resource.

• HAE Law: Experienced in wrongful termination and other employment disputes, with free initial consultations View resource.

How to choose the right San Diego wrongful termination attorney

Picking the right lawyer matters. Consider:

• Focus on employment law: Ask how much of the practice is wrongful termination and retaliation View resource View resource.

• Local experience: San Diego courts and juries have local expectations. A local lawyer knows the terrain View resource.

• Approach to evidence: Ask how they build cases when the employer denies wrongdoing. They should talk about timelines, documents, and indirect proof View resource.

• Communication and empathy: You are going through a hard time. Choose someone who listens and explains clearly.

• Fees and costs: Confirm if the consultation is free and if they work on contingency, so you pay only if you win or settle View resource View resource View resource View resource.

Evidence checklist for wrongful termination

Strong cases are built on details. Use this checklist to gather what you can:

• Job records: Offer letter, job description, employee handbook, policy manuals.

• Performance records: Reviews, awards, emails praising your work.

• Discipline records: Warnings, performance plans, notes from coaching sessions.

• Pay and schedule records: Pay stubs, timesheets, shift schedules, calendar entries.

• Communications: Emails, texts, Slack messages, meeting invites.

• Complaint records: HR reports, safety complaints, wage complaints, emails to supervisors.

• Witness list: Co-workers who saw or heard key events.

• Timeline: A simple list with dates showing your protected activity and each adverse action afterward.

• Exit papers: Termination letter, severance offer, release agreements.

Your attorney can tell you what is most important and how to preserve it the right way View resource View resource. For step-by-step filing and evidence tips when pursuing discrimination or wrongful termination claims, see: View resource.

Common defenses employers use—and what they mean

Knowing the other side’s playbook can help you prepare:

• “We fired for performance.” Your lawyer will look at your full record. If your reviews were good until you complained, that matters. Documentation and timing can rebut this claim View resource.

• “Restructuring or layoff.”strong> Even in a layoff, targeting someone for an illegal reason is not allowed. Your attorney may compare who was let go and who stayed, and why View resource.

• “Policy violation.” Your attorney will check if the policy was applied evenly or only used against you after you engaged in a protected activity. Unequal enforcement can be a sign of pretext View resource.

• “No complaint was made.” If you complained in person or by phone, your notes and any witnesses can help. If you complained in writing, that is even better. Keep copies View resource View resource.

What if you were asked to resign

Sometimes a boss says, “Resign or be fired.” If the reason is illegal, a forced resignation can still be treated like a firing. Talk with a San Diego wrongful termination attorney before you sign anything. Bring the emails or texts about the resignation and any severance offer you received View resource View resource.

Special note on disability, pregnancy, and leave

California law protects workers who need reasonable accommodations for a disability or pregnancy. It also protects workers who use protected leave. If you asked for an accommodation or took leave and then were written up or fired, speak to an attorney. The timeline and the employer’s actions after your request can be key proof of retaliation or discrimination View resource View resource. For more on ADA accommodations and FMLA interactions, see related guidance: View resource and View resource.

Step-by-step: Your first 30 days after a firing

• Day 1–3: Write down what happened. Save emails and texts. List who was present during key talks. Store copies in a safe place. Do not post details on social media.

• Day 4–7: Make a document folder. Add your reviews, warnings, policies, and any complaint emails you sent. Add your timeline.

• Day 8–14: Contact a San Diego wrongful termination attorney for a free consultation. Share your timeline and documents. Ask about deadlines with DFEH or the EEOC View resource View resource View resource.

• Day 15–30: If advised, file with the proper agency. Do not miss the time limits. Follow your attorney’s plan for preserving evidence and handling any severance offer View resource View resource.

FAQ: Simple answers to common questions

1) I am an at-will employee. Can I still bring a case?

Yes. At-will does not allow employers to fire you for illegal reasons. Discrimination, retaliation, and firings that violate public policy can still be unlawful in San Diego and across California View resource View resource View resource View resource. See more on how wrongful termination laws work in California: View resource.

2) What if my employer says I was fired for performance, but I think it was retaliation?

The reason the employer gives can be challenged. Timing, documents, and witness statements can show the real motive. An attorney will help build indirect proof when a direct admission does not exist View resource View resource.

3) I do not have emails. Can I still prove my case?

Yes. Not every case has emails. A diary, texts, calendars, and witness names can help. Your attorney can also seek records during the legal process. Documenting negative changes after your protected activity is key View resource View resource.

4) Do I have to file with the DFEH or EEOC first?

Many discrimination and retaliation claims require agency filing before a lawsuit. Your attorney can advise which agency to use and handle the process View resource View resource View resource. See how to file with the EEOC here: View resource.

5) How much does it cost to talk to a lawyer?

Many San Diego wrongful termination attorneys offer free consultations and work on contingency, so you pay fees only if they recover money for you View resource View resource View resource View resource. Learn more about contingency fees here: View resource.

6) What if I already signed a severance agreement?

Bring it to a lawyer right away. There may be options, but time is short. Do not sign or cash anything else until you get legal advice View resource View resource.

7) What if I worked for a small company?

Anti-discrimination laws apply to many employers, but the exact rules can vary by size and by claim. A local attorney can explain which laws cover your case View resource View resource.

8) Can I get my job back?

Sometimes reinstatement is possible. Often, cases resolve with a settlement that includes payment and other terms. Your goals matter; tell your attorney what you want View resource View resource.

How cases move forward: from consult to resolution

• Consultation: You share your story and documents. The attorney evaluates your legal claims and explains next steps View resource View resource.

• Pre-claim steps: Your lawyer may send a demand letter or prepare agency filings with DFEH or EEOC View resource View resource.

• Investigation and negotiation: The employer may respond. There may be talks about settlement. Your attorney builds your evidence file, focusing on timelines and patterns View resource.

• Litigation: If needed, your lawyer can file suit and represent you through discovery, mediation, and trial. A local San Diego attorney brings knowledge of California law and local practice View resource.

Why local knowledge matters in San Diego

San Diego has a wide range of employers: tech, biotech, hospitals, schools, hospitality, defense contractors, and more. Each industry has its own lingo, policies, and norms. A San Diego wrongful termination attorney understands these local workplaces, as well as California laws and local court rules. That knowledge helps with strategy, negotiations, and, when needed, trial View resource View resource View resource.

If you think your firing was wrong: a simple action plan

• Do not panic. Take a breath. This is hard, but you have options.

• Keep everything. Save emails, texts, reviews, and policies.

• Write your timeline. Include what you reported and what happened after.

• Get a free case review with a San Diego wrongful termination attorney. Ask about deadlines and next steps View resource View resource View resource.

• Follow your lawyer’s plan. They will guide the filings with DFEH or EEOC if needed and handle talks with the employer View resource View resource.

Realistic expectations: what your attorney will tell you

A good attorney will be honest about strengths and risks. They will explain:

• What claims you likely have under California and federal law

• The kind of proof that can help, and what might hurt

• The process and timing for agency filings and lawsuits

• Possible outcomes, from settlement to trial

• The fee structure, costs, and how payment works under a contingency agreement View resource View resource View resource View resource

How to talk about your case

Your words matter. Here are tips:

• Be clear and simple. Stick to facts: dates, who said what, and what happened next.

• Avoid exaggeration. If you do not remember exact words, say so.

• Share everything, even facts that you think look bad. Your attorney needs the full picture to help you View resource.

Emotional support and next steps

Losing a job is a shock, especially when it feels unfair. It can impact your income, health, and family. Reach out for support. Talk to trusted friends or a counselor. Keep a routine. Update your resume. Apply for unemployment if you qualify. And remember: asking for legal help is a smart step, not a hostile one. It is how you protect your rights.

Why quick action helps your case

Time limits apply to many employment claims. Evidence also fades fast. People forget dates. Emails get deleted. Early legal advice helps you preserve proof and meet deadlines. This is one reason many San Diego wrongful termination attorneys offer free consults and contingency fees: so you can act now, not later View resource View resource View resource View resource.

Key takeaways

• At-will does not mean employers can break the law: Firings for discrimination, retaliation, or violations of public policy can be illegal.

• Retaliation is common: Document negative changes after you complain or take part in an investigation.

• A San Diego wrongful termination attorney helps: They can evaluate claims, gather proof, file with agencies, and represent you in talks or court.

• Many firms offer accessible fee structures: Free consultations and contingency fees make legal help available when you need it.

• Act fast: Gather documents, write your timeline, and get legal advice early to preserve your claims.

Resources mentioned in this guide

• At-will employment limits; discrimination and retaliation protections; attorney roles and free consults: Gomez Trial Attorneys

• Wrongful termination overview; retaliation; evidence; attorney guidance; filings; local expertise: DKR

• Types of claims; proof challenges; retaliation; evidence strategies; attorney evaluation and filings; free consults: Ferraro Vega San Diego Employment Lawyers

• Wrongful termination basics; proof hurdles; attorney roles; local expertise; free consults: HAE Law

• Free consultations in San Diego employment cases: Setyan Law

Final note

This guide is general information to help you understand your options. It is not legal advice. For advice about your situation, speak with a San Diego wrongful termination attorney. A free consultation can help you decide what to do next, protect your rights, and pursue a fair result View resource View resource View resource View resource. For more resources on filing EEOC complaints and preparing evidence, see: View resource and View resource.