Reasons to Hire a Wrongful Termination Lawyer in San Diego

In the state of California, wrongful termination cases follow strict rules because of the State's opinion of employment. In California and all its cities, including San Diego, employees are employed on at "at-will" basis. This distinction makes successfully carrying out a wrongful termination suit a little difficult.

Since "at-will" employment is so important to understanding this type of case it might be useful to go into some detail about what it actually means. It means that all hiring and working is presumed to be done on an "at will" basis; that is, the employer is free to fire or release any employee "for good cause, or bad cause, or no cause at all," and the individual worker is in the same way free to quit, strike, or otherwise stop working at any time. This makes quitting a job or firing an employee very easy, but make winning a wrongful termination case very difficult!

As a result, you are going to want to make sure that your circumstances fall within one of the areas strictly prohibited by state or federal law as a situation that can result in a termination of employment. The reasons so prohibited include:

Discrimination of any kind. You are not allowed to be fired from your job because of your race, religion, status of your family, your sexual preferences, body type, or political beliefs.

Retaliation for whislteblowing. If you have revealed the illegal actions of your employer to a governing agency you are not allowed to be terminated from you position. Hire a good lawyer if this is the case and you are likely to win.

Fired for being pregnant. Pregnancy is not something that can result in an employee being fired. If you fear this or you have seen it happen you are definitely in the right if you take it to court.

Victim of sexual harassment. Denying the unsolicited sexual advances of a boss or coworker is not a legal reason for termination.

A termination due to taking time off under the Family and Medical Leave Act. Sickness in our immediate family are important to happiness and the well being of our family unit. Work is not more important than caring for a sick loved one and the state recognizes this. Getting fired because of time taken under that Act or because of asking for time off under the Act is not permissible.

If you can prove that you were fired for one of these reasons in a court you will have successfully defended yourself against a wrongful termination. A good lawyer will have helped you get there, but the law will have been what won you the case.

Finding the right San Diego wrongful termination lawyer can be a difficult task as the option are many, but with the right research you will be able to get exactly what you need to make sure that your rights are upheld.