Estimated reading time: 15 minutes

Key Takeaways

• If you’re searching for a wrongful termination lawyer San Diego workers can trust, act quickly—California’s at-will rule has important exceptions for discrimination, retaliation, whistleblowing, medical leave, and public policy violations.

• Save evidence immediately: emails, chats, performance reviews, write-ups, witness names, and your employee handbook. These documents can make or break your claim.

• Multiple remedies may be available, including back pay, front pay, emotional distress damages, punitive damages, benefits restoration, expunged discipline, and attorney’s fees.

• California claims involve strict deadlines that vary by claim type; many discrimination and retaliation cases require agency filing before suing. Don’t wait to confirm your timeline.

• A skilled attorney can evaluate your facts, preserve deadlines, file agency charges, negotiate severance, and litigate in court or arbitration to protect your rights.

Table of Contents

• What Counts as Wrongful Termination in California?

• At-Will Employment and Exceptions in CA

• Common Illegal Firing Scenarios in San Diego

• First Steps After Termination

• Deadlines and Statutes of Limitations in California

• What a Wrongful Termination Lawyer Does

• Choosing a Wrongful Termination Lawyer in San Diego

• Damages and Remedies in Wrongful Termination Cases

• Arbitration, Severance, and Non-Disparagement Pitfalls

• Special Considerations by Industry and Status

• Conclusion

• FAQ

Searching for a wrongful termination lawyer San Diego workers can rely on often starts with one urgent question: was your firing legal under California law? California is an at-will state, but employers cannot terminate you for illegal reasons. That includes discrimination, retaliation, whistleblowing, taking protected leave, refusing to break the law, or exercising workplace rights.

You do not have to figure this out alone. A fast, careful review of your evidence, deadlines, and options can keep your case on track. The sections below explain what counts as wrongful termination, critical steps to take in the first days after being fired, and how a local attorney evaluates, values, and pursues your claim.

What Counts as Wrongful Termination in California?

At a high level, a termination is wrongful when it violates a specific law or strong public policy. In California, that often means a firing because of a protected characteristic, protected medical leave, or protected activity such as reporting harassment, safety concerns, or wage theft.

To understand the landscape quickly, review our practical guide to wrongful termination laws in California. If you live or work in San Diego, this companion resource focused on local steps and timelines can help: San Diego wrongful termination attorney guide.

At-Will Employment and Exceptions in CA

At-will means an employer can fire you for any reason or no reason—so long as it’s not illegal. Exceptions include:

• Discrimination based on race, color, national origin, religion, sex, gender identity or expression, sexual orientation, pregnancy, disability, age, and other protected traits.

• Retaliation for reporting discrimination, harassment, wage violations, safety hazards, or unlawful practices.

• Interference with or retaliation for taking protected leave (for example, FMLA/CFRA or pregnancy disability leave).

• Whistleblowing or refusing to engage in illegal acts.

• Terminations that violate an implied contract or public policy (for example, firing for jury duty or voting).

If your story involves any of these issues, get oriented with our step-by-step resource: wrongful termination lawyer guide.

Common Illegal Firing Scenarios in San Diego

Discrimination and Harassment Terminations

When bias or harassment culminates in termination, you may have claims under federal or state law. Red flags include slurs, stereotyping, unequal discipline, sudden demotion after disclosure of pregnancy or disability, or a performance “paper trail” that began only after protected activity.

To ground yourself in the basics, see our plain-English primer on what a hostile work environment is under the law and how it can intersect with termination decisions.

Leave and Medical Rights: FMLA, CFRA, ADA

You cannot be lawfully fired for taking protected medical or family leave if you are eligible. California workers also have powerful disability accommodation rights.

Explore common questions in our guides: can I be fired while on FMLA? and ADA reasonable accommodations. If your employer refused time off or a reasonable accommodation and then terminated you, those facts may support both interference and retaliation claims.

Retaliation for Reporting and Whistleblowing

California law protects workers who report discrimination, harassment, wage theft, safety violations, or other unlawful conduct. Firing an employee for speaking up is generally unlawful.

A quick overview of retaliation protections and strategies is available here: how a workplace retaliation lawyer can help. Document when you complained, to whom, and what happened next.

Wage and Hour Complaints and Terminations

Terminating a worker for asserting wage rights—like complaining about unpaid overtime or off-the-clock work—can violate California law. Keep copies of timesheets, pay stubs, schedules, and texts about hours or breaks.

If you suspect wage theft, you may also have a separate claim. See our practical guides on unpaid overtime laws and forced to work off the clock.

Constructive Discharge and Forced Resignations

If your employer made working conditions intolerable—pushing you to quit—you may have a constructive discharge claim. Courts look at whether a reasonable person would have felt forced to resign.

Learn how these claims are built and proven in our constructive discharge guide.

First Steps After Termination

Preserve Evidence and Records

In the first 48–72 hours, gather and secure your documents. Download personal copies of performance reviews, emails, chats, schedules, calendars, handbook policies, and any texts about your job, leave, discipline, or complaints. List witnesses and their contact information while details are fresh.

For a practical checklist of evidence and timeline management, see what to do if you were wrongfully terminated.

Protect Income, Benefits, and References

Request your final wages and the payout of any earned, unused vacation consistent with California law. Confirm the status of your health insurance and COBRA/Cal-COBRA election deadlines. Ask for a neutral reference policy in writing if feasible.

Our guide to final paycheck laws explains what must be paid and when.

Filing Internal and Agency Complaints

If you were fired after reporting discrimination or harassment—or you were denied accommodations or leave—consider filing a charge with the appropriate agency. Many California claims require this step before a lawsuit.

Use the simple, step-by-step instructions in our resource on how to file a discrimination complaint. If you were targeted after opposing harassment, also review how to sue for sexual harassment to understand procedures and deadlines.

Deadlines and Statutes of Limitations in California

California law imposes strict, claim-specific deadlines. Some claims must be filed with a government agency before you can sue, and the window to do so can be short. Missing a deadline can permanently end your case.

FEHA/CRD Right-to-Sue Timelines

Discrimination, harassment, and retaliation claims under California’s civil rights law must generally be filed with the state Civil Rights Department before you can file a lawsuit. If you receive a Right-to-Sue letter, there is a limited period to file in court. Because rules can change and exceptions may apply, it’s important to confirm your exact dates with counsel.

Whistleblower and Public Policy Claims

A wrongful termination claim in violation of public policy is typically a tort claim under California law and is subject to a relatively short statute of limitations compared to contract claims. Separate whistleblower and labor code retaliation statutes may have their own filing routes and deadlines.

Practical takeaway: do not guess. Calendar all possible dates—last day worked, termination date, complaint dates, and Right-to-Sue dates—and get a legal opinion quickly.

Contracts, Arbitration, and Handbook Issues

If you signed an arbitration agreement or have a dispute over handbook terms, different rules can apply. Arbitration deadlines can be shorter and procedures stricter than court rules. For an overview of what employers can and cannot require, see our guide to arbitration agreement enforceability at work.

What a Wrongful Termination Lawyer Does

Investigation and Case Building

A lawyer evaluates whether your facts match an illegal reason, then builds a theory that connects the dots. That includes timelines (complaint-to-termination gaps), comparator evidence (how others were treated), policy deviations, shifting explanations, and witness corroboration.

Counsel can also advise on preserving digital evidence, communications with HR, and whether to request your personnel file. See our comprehensive employment lawyer free consultation guide to understand what to bring and how an initial evaluation works.

Negotiation, Mediation, and Litigation

Many cases resolve through negotiation or mediation, especially when a former employer wants confidentiality and closure. If settlement talks stall, litigation or arbitration may follow. A strong lawyer keeps pressure on by preparing your case for trial from day one.

Where harassment or retaliation preceded the firing, learn the litigation path and remedies in our resource on hostile work environment claims and our broader retaliation guide.

Fees, Costs, and Contingency Structures

Wrongful termination cases are often handled on a contingency fee, meaning you pay no attorney’s fees unless there is a recovery. Fee percentages and costs can vary by firm, case complexity, and whether the matter goes to trial.

To set expectations and avoid surprises, review how settlements are taxed in our guide to the taxation of settlement amounts.

Choosing a Wrongful Termination Lawyer in San Diego

In San Diego, many employment firms emphasize free consultations and local experience. Looking at the local legal landscape can help you understand what services are commonly offered and the kinds of issues lawyers see every day.

For example, San Diego wrongful termination lawyer Doug Walters highlights decades of experience and a free initial consultation for fired workers. The Law Offices of Devon K. Roepcke discuss essential steps to take after a California firing, underscoring the importance of quick action. Gomez Trial Attorneys notes free case reviews and a track record of employee advocacy in the region.

Some firms focus broadly on employment law and bring that perspective to termination claims, like Ferraro Vega Employment Lawyers, while their specific wrongful termination overview addresses case evaluations and consults. Others, such as Harlan Hillier DiGiacco and Haeggquist & Eck, LLP, outline how wrongful termination occurs and when federal laws may apply alongside California protections.

Local practices like Walker Law, the San Diego office of HKM, and the Bodell Law Group also publish guidance on wrongful termination and offer consultations to help workers understand potential claims. Reviewing public resources like these can orient you to common advice: save evidence early, note deadlines, and get an experienced employment lawyer to assess your rights under state and federal law.

When comparing lawyers, look for specialization in employment law, litigation experience, clear communication about fees and timelines, and a process to keep you informed. Our Los Angeles-focused overview provides a helpful checklist that applies statewide: wrongful termination attorney qualifications and next steps.

Damages and Remedies in Wrongful Termination Cases

A complete case strategy looks beyond wages to the full range of remedies the law allows. Depending on your claims and evidence, you may seek:

• Back pay (lost wages and benefits from termination to judgment/settlement).

• Front pay (future lost wages when reinstatement is not feasible).

• Emotional distress damages for discrimination, harassment, or retaliation harms.

• Punitive damages where employer conduct was malicious, oppressive, or fraudulent.

• Attorney’s fees and costs where statutes allow fee-shifting.

• Reinstatement, expungement of discipline, policy changes, and training.

For cases involving harassment or discrimination, settlement structures may affect taxes. Review the practical tax implications in our settlement taxation guide.

Arbitration, Severance, and Non-Disparagement Pitfalls

Many employees are surprised to learn a signed arbitration agreement can change where and how your claim is heard. Arbitration can move faster but limit discovery, appeals, and sometimes remedies. Understand the tradeoffs in our arbitration explainer.

If you’re offered severance, read every clause carefully. Severance agreements often include releases, arbitration provisions, non-disparagement, confidentiality, cooperation requirements, and liquidated damages. You may be able to negotiate more pay, continued benefits, or fairer terms.

Before signing, use our line-by-line severance agreement review guide. If you’re navigating unemployment at the same time, learn how severance can affect benefits in our unemployment and severance explainer.

Special Considerations by Industry and Status

Public employees, union workers, and professionals with licensing boards may face extra procedures or protections. Union members may need to consult their collective bargaining agreement and grievance steps; retaliation for organizing or protected concerted activity also raises separate claims.

If union-related issues overlap with your firing, consult our union retaliation guide. Healthcare, education, tech, and government roles can add agency rules or credentialing concerns. Explain your role and any special obligations during your legal consultation.

If your termination followed ongoing harassment or bullying, revisit the legal thresholds in what constitutes a hostile work environment. If you were terminated during medical treatment or after requesting an accommodation, our guides on FMLA firing risks and ADA accommodations will help you frame the facts for counsel.

Conclusion

Wrongful termination cases are won with speed, documentation, and smart legal strategy. If you believe your firing was connected to discrimination, harassment, medical leave, whistleblowing, or another protected right, do not wait. Save your evidence, note your deadlines, and speak with an experienced employment lawyer who handles California claims and understands San Diego employers, courts, and arbitrators.

The sooner your case is evaluated, the more options you may have—whether that’s negotiating a stronger severance package, filing an agency charge, or preparing a lawsuit. Even if you are unsure whether your termination was illegal, a quick review can protect your timeline and identify next steps to safeguard your pay, benefits, and future.

Need help now? Get a free and instant case evaluation by US Employment Lawyers. See if your case qualifies within 30-seconds at https://usemploymentlawyers.com.

FAQ

Do I need a San Diego lawyer, or will any employment lawyer do?

Local knowledge helps. A San Diego attorney will know the tendencies of local employers, mediators, arbitrators, and courts. That familiarity can shape negotiation strategy and timelines. Start with our San Diego-specific wrongful termination guide to understand local steps, then compare lawyers who focus on California employment law.

What should I bring to my initial consultation?

Bring your termination letter, recent performance reviews, emails or chats related to discipline or complaints, your handbook, and a timeline of key events. These items help a lawyer test theories quickly. Our free consultation overview explains how to prepare and what to expect.

How fast do I have to file?

It depends on your claims. Some must be filed with a government agency before suing, and windows can be as short as months. Discrimination and retaliation claims under state law require a filing step with the Civil Rights Department; after a Right-to-Sue, you have limited time to go to court. Because deadlines are complex, confirm your dates with counsel immediately.

Can I still collect unemployment if I pursue a claim?

You may qualify for unemployment even if you pursue a wrongful termination case. However, severance structure and agreement terms can affect benefits. Review how severance interacts with eligibility in our severance and unemployment benefits guide and discuss with your attorney before signing anything.

What if I resigned but felt forced to quit?

You may have a constructive discharge claim if your employer made conditions intolerable. Evidence of severe or pervasive harassment, sudden demotions, pay cuts, or retaliatory schedule changes can be relevant. Learn how to evaluate these facts in our constructive discharge guide.