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San Diego Wrongful Termination Lawyer

  • Over 550 combined Google 5-Star Reviews
  • Tens of millions won every year for our clients
  • We won’t settle for less than the maximum value for your case
  • 30 combined years of legal experience 
San Diego personal injury lawyers near me

Trusted And Recommended

HHJ Trial Attorneys proudly serve victims who have suffered from serious injuries. HHJ is one of San Diego’s premiere personal injury law firms.  We’ve obtained over ten million dollars for our clients within the last 4 years alone and have been voted the Best Litigation Firm for the last 3 years through the San Diego Union Tribune. All three partners have been voted as Super Lawyers and have received coverage from local and national news outlets.

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Khala BarkusKhala Barkus
19:33 25 Sep 22
Michael and his team were so great during this entire process. They helped me to get a pretty significant settlement from my case and they were never delayed in any of the processes. I am confident that had I not "fired" the first attorney that I started to work with and called HHJ trail attorneys, I would not have gotten the results that I got with HHJ. You can't go wrong with working with these guys to settle your case.
TylerTyler
21:09 25 Aug 22
Michael and the HHJ staff were extremely helpful from the start of my case less than a year ago. From the time I had my accident, to having doctor appointments set up to the final conclusion, it couldn’t have been a smoother process from beginning to end. Michael is very detailed and organized and always has your best interest at heart. He is very responsive and is always on top of it. I didn’t have to do much other than show up to my doctor appts and respond with info that was needed. I would without a beat use Michael and his team again if needed. HHJ is the best in Southern California!
Claudia LopezClaudia Lopez
21:41 08 Jul 22
Mr. Adam Hepburn and his firm, HHJ Trial Attorneys, took on our legal case. Mr. Adam Hepburn came recommended, luckily. We can't thank Mr. Adam Hepburn and his firm for their stellar work throughout our entire legal case. If I had any questions or concerns, Mr. Adam Hepburn would quickly address my concerns either via email, cell phone or even on text. Mr. Adam Hepburn was very truthful, thoughtful when explaining the facts of my case, and extremely professional. If you're on the fence with hiring Adam Hepburn and his firm, don't be, he's the best in the field. Adam won my case! Must hire him and his firm if you need his type of services.
FergalFergal
15:00 20 Apr 22
Michael and the team at HHJ Trial Attorneys have taken the best care of our Clients after they have being involved in road accidents. The care, attention and commitment they provide to all their clients is extraordinary as are their life enhancing results - HHJ Trial Attorneys = Best In Class.
Anne FranksAnne Franks
14:41 20 Apr 22
Michael at HHJ Trial Attorneys is a professional Accident & Personal Injury Lawyers group. This group is very is highly recommended! They are very professional compared to other firms. If you are looking for a quality group of attorneys that will get the job done, this is the one to call!
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San Diego Wrongful Termination Lawyers Protecting Your Rights

Are you facing the distressing aftermath of a job loss that you believe was unjust, discriminatory, or retaliatory? When your livelihood and professional reputation are on the line, it’s essential to have a dedicated advocate by your side who understands the nuances of employment law in San Diego. Our San Diego wrongful termination attorneys are here to provide you with expert legal guidance and representation, leveraging their deep knowledge of California’s employment laws to ensure your rights are protected and that you receive the justice you deserve. We are committed to helping you navigate the complex world of wrongful termination, whether it’s a breach of contract, discrimination, retaliation, or a violation of public policy. Your livelihood matters, and we are here to fight for your rights and work towards a favorable resolution in your case.

What is Wrongful Termination?

Wrongful termination, also known as wrongful dismissal or wrongful discharge, is a legal concept that refers to the unlawful or unjustified termination of an employment relationship by an employer. It occurs when an employer fires an employee in violation of employment laws, employment contracts, or public policy. Wrongful termination can take various forms, and the specific circumstances may vary by jurisdiction, but some common examples include:

 

  • Discrimination: If an employer fires an employee based on factors such as race, gender, age, religion, disability, or other protected characteristics, it can constitute wrongful termination and a violation of anti-discrimination laws.
  • Retaliation: Terminating an employee in retaliation for actions they’ve taken that are legally protected, such as reporting workplace harassment or discrimination, participating in a union, or whistleblowing, is considered wrongful termination.
  • Breach of employment contract: If there is an employment contract in place that specifies the terms of employment, including reasons for termination and notice periods, and the employer breaches those terms, the employee may have a wrongful termination claim.
  • Violation of public policy: Some terminations may be considered wrongful if they violate public policy, such as firing an employee for refusing to engage in illegal activities or for exercising a legal right, like taking family or medical leave.
  • Violation of implied promises: Even without a written contract, certain implied promises of job security or fair treatment may exist, and a termination that violates these implied promises can be wrongful.
  • Constructive discharge: This occurs when an employer makes working conditions so intolerable that an employee feels compelled to resign. In some cases, constructive discharge can be treated as a wrongful termination.

 

Employees who believe they have been wrongfully terminated can take legal action, which may involve filing a complaint with a government agency (such as the Equal Employment Opportunity Commission in the United States), pursuing a lawsuit in court, or using alternative dispute resolution methods like arbitration or mediation. Remedies for wrongful termination can include reinstatement, back pay, front pay, compensatory damages, and attorney’s fees, depending on the circumstances and applicable laws. The specific laws and protections governing wrongful termination can vary by country, state, or region, so it’s essential to consult with a legal expert to understand the rights and options available in a particular situation.

Is Wrongful Termination in San Diego Legal?

Wrongful termination laws and their applicability can vary depending on the specific circumstances and the jurisdiction. In San Diego, as in the rest of California and the United States, there are laws that protect employees from wrongful termination under certain conditions. California has relatively strong employment laws that offer protections to employees.

 

Some key aspects of wrongful termination laws in San Diego and California include:

 

  • At-Will Employment: California follows the principle of “at-will employment,” which means that, in the absence of an employment contract specifying otherwise, both employers and employees can generally terminate the employment relationship at any time and for any lawful reason. However, there are important exceptions to this rule.
  • Exceptions to At-Will Employment: Despite the at-will default, there are various exceptions and legal protections that prevent employers from terminating employees under certain circumstances. These include protection against discrimination, retaliation for exercising legal rights (e.g., reporting workplace violations, taking family or medical leave), and wrongful termination in violation of public policy.
  • Protected Characteristics: California has robust anti-discrimination laws that make it illegal for employers to terminate employees based on protected characteristics, such as race, gender, age, religion, disability, national origin, and more. This protection is provided under both state and federal law.
  • Whistleblower Protection: California law provides protection for employees who report illegal activities, unsafe working conditions, or other violations of law by their employers. Retaliation for whistleblowing is illegal.
  • Employment Contracts: If you have an employment contract that specifies the terms of your employment and the conditions under which you can be terminated, your employer is generally bound by those terms. If your employer violates the terms of the contract, it can constitute wrongful termination.

 

To determine whether a termination in San Diego is wrongful, you should consult with an employment attorney who is familiar with California employment law. They can assess the specific facts of your case and advise you on your rights and legal options. It’s important to note that employment laws can be complex, and the outcome of a wrongful termination case can depend on the unique circumstances and applicable laws.

When Should I Reach Out to a San Diego Wrongful Termination Attorney?

You should consider reaching out to a San Diego wrongful termination attorney in the following situations:

 

  • Belief of Wrongful Termination: If you believe that you were terminated from your job for unlawful or unjust reasons, such as discrimination, retaliation, a breach of your employment contract, or a violation of public policy, it is advisable to consult with an attorney. They can help you evaluate the circumstances and determine whether you have a valid claim.
  • Discrimination or Harassment: If you suspect that you were terminated based on a protected characteristic (e.g., race, gender, age, disability), or if you were subject to workplace harassment that led to your termination, an attorney can assist you in understanding your rights and potential claims.
  • Retaliation: If you believe you were fired in retaliation for engaging in legally protected activities, such as reporting workplace violations, participating in a union, or whistleblowing, you should contact an attorney to explore your legal options.
  • Breach of Employment Contract: If you had an employment contract that specified the terms and conditions of your employment, including reasons for termination and notice periods, and your employer violated those terms, an attorney can help you assess your contract and potential claims.
  • Consultation on Severance Agreements: If your employer offers you a severance agreement upon termination, it’s important to have an attorney review the terms and conditions to ensure that you are not waiving important legal rights by accepting the severance package.
  • Complex Legal Issues: Wrongful termination cases can be legally complex, involving various statutes, regulations, and legal precedents. An attorney can provide legal expertise to navigate the complexities of your case.
  • Understanding Legal Remedies: An attorney can help you understand the legal remedies available to you, which may include reinstatement, back pay, front pay, compensatory damages, attorney’s fees, and more.
  • Statute of Limitations: Employment law cases often have strict deadlines for filing complaints or lawsuits. If you believe you have a wrongful termination claim, it’s important to contact an attorney promptly to ensure you meet any applicable deadlines.
  • Negotiating with Your Employer: In some cases, an attorney can assist in negotiating with your employer to reach a settlement or resolution before pursuing litigation. They can advocate on your behalf and help you achieve a fair outcome.

 

It’s generally a good idea to consult with an experienced San Diego wrongful termination attorney as soon as you suspect that you may have a claim. An attorney can provide guidance, assess the strength of your case, and help you take the appropriate steps to protect your legal rights and pursue remedies if your termination was wrongful. Legal consultation is essential to understand the specific laws and regulations that apply to your situation.

What Type of Compensation Can I Receive from a Wrongful Termination Case?

Compensation in a wrongful termination case can vary depending on the specific circumstances, applicable laws, and the outcome of the case. If you successfully prove that you were wrongfully terminated, you may be eligible to receive various types of compensation, which can include:

 

Back Pay: Back pay is compensation for the wages and benefits you would have earned from the date of your termination until the date of the court’s judgment or settlement. This is meant to make you whole financially and cover the income you lost due to the wrongful termination.

 

Front Pay: Front pay is compensation for future lost wages and benefits. If reinstatement is not feasible or desirable, front pay may be awarded to cover your expected future earnings that were affected by the wrongful termination.

 

Reinstatement: In some cases, the court may order your employer to reinstate you to your former position or a similar one. Reinstatement is a remedy for certain types of wrongful terminations, such as those related to discrimination or retaliation.

 

Compensatory Damages: Compensatory damages are intended to compensate you for non-economic losses resulting from the wrongful termination, such as emotional distress, pain and suffering, and harm to your reputation.

 

Punitive Damages: In some cases, punitive damages may be awarded in addition to compensatory damages. Punitive damages are meant to punish the employer for particularly egregious or malicious conduct, rather than solely compensating the employee.

 

Attorney’s Fees and Legal Costs: If you prevail in a wrongful termination case, your attorney’s fees and legal costs may be paid by the employer. This helps ensure that employees have access to legal representation in employment disputes.

 

Other Remedies: Depending on the circumstances, you may also be entitled to other remedies or injunctive relief, such as a court order requiring your employer to change its policies or practices to prevent future wrongful terminations.

 

It’s important to note that the specific types of compensation available to you can vary depending on the laws in your jurisdiction, the nature of your case, and the evidence you can provide to support your claims. Additionally, the outcome of your case may be influenced by whether it is resolved through negotiation, arbitration, mediation, or litigation in court.

 

Consulting with an experienced employment attorney is crucial to understanding the potential compensation you may be entitled to in your specific wrongful termination case. They can help you navigate the legal process and work to achieve the best possible outcome based on your unique circumstances.

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