San Marcos is a city in San Diego County with over 94,000 people, and many of these residents have one or more jobs in order to make ends meet. Are you someone that works in San Marcos, or lives in the city and works in one of the neighboring towns? Were you recently fired from your job and feel that the reason behind it was based on discrimination and retaliation? Alternatively, did your employer violate a pre-existing work contract when they terminated you?
Wrongful terminations affect many people throughout San Diego County. If you believe that your employer’s decision to fire you was illegal, make sure to contact a wrongful termination lawyer in San Marcos. The legal team of California Labor Law Employment Attorneys Group is here to fight for you and hold employers accountable when they break the law. We are more than ready to evaluate your situation and develop a plan of action if you are interested in taking legal action for an unlawful termination. Please contact our office today and talk to one of our legal experts during a free case review.
Laws Regarding Wrongful Termination
An employee is wrongfully terminated when they are fired for a reason that violates federal or state employment laws. This is the critical difference between terminations that are unlawful versus unfair. It’s important to note that California is an at-will employment state, so an employer can terminate you with or without notice for many reasons that may not seem fair to you. However, you must show that your employer broke the law when they made the decision to fire you. Laws that can help you in a case for wrongful termination include:
- Title VII of the Civil Rights Act
- The Age Discrimination in Employment Act
- The Pregnancy Discrimination Act
- The Fair Employment and Housing Act
- The Rehabilitation Act of 1963
- The Genetic Information Nondiscrimination Act
- The Family and Medical Leave Act
- The California Family Rights Act
Federal and State Employment Agencies That can Help You
The vast majority of wrongful terminations in San Marcos are based on discrimination, meaning that the employer has a bias against certain types of people, and this can influence their decision when it comes to hiring and firing, promotions, pay raises, and other employment decisions. Some of the laws mentioned in the previous section have protected characteristics, which cannot be used as a basis for negative treatment in the workplace. These include race, religion, gender, age, disability, pregnancy, political beliefs, sexual orientation, and other personal traits.
If you were wrongfully terminated on the basis of discrimination against a protected category, you can file an employment claim with the federal government’s Equal Employment Opportunity Commission (EEOC). Alternatively, you can file a claim the California Civil Rights Division (CRD), depending on the specific violation.
You may be wondering if you can just go ahead and sue your employer instead of going through a government agency. A lawsuit is certainly a possibility for wrongful termination victims in California, but you must go through the proper channels. The first step if to file a claim with the EEOC or CRD, then wait for a response from the agency. If you receive what is known as a “Right to Sue” notice from either of these entities, you can proceed with a civil lawsuit for lost wages, lost job benefits, and other forms of compensation.
We know this is a lot to take in, and frankly, there is much more to the process of suing a San Marcos employer for wrongful termination. Our attorneys are standing by to assist you every step of the way, so don’t hesitate to give us a call.
Suing Your Employer after a Wrongful Termination
As we mentioned previously, you must start the legal process by filing a wrongful termination claim with the EEOC or the CRD. If the agency finds that your allegations are credible, they may send you a Right to Sue Letter so that you can go ahead with a lawsuit. Once you get to the lawsuit stage, you can demand compensation and other forms of accountability from your employer, such as:
- Back and front pay
- Lost employment benefits
- Pain and suffering
- Damage to your professional reputation
- Reinstatement of your former position
- Punitive damages
Please note that you may have as little as 90 days to file a lawsuit once you receive the notice from the CRD or EEOC. At most, you will have 1 year, which is still a rather tight deadline. This is why you should retain the services of a San Marcos wrongful termination lawyer right from the start. Aside from assisting you with an employment rights violation claim, they can lay the foundation for a lawsuit and be ready to take action once you are notified by the applicable agency.
Wrongful Termination Attorneys in San Marcos
We are proud to serve the community of San Marcos and other cities in San Diego County. Our attorneys will not stand by and allow your employer to take advantage of you. Please know that you can rely on us for skilled and vigorous representation that gets results.
Our law firm also believes in protecting your finances from start to finish. Under the Zero Fee Guarantee, you are not asked to pay anything upfront. So, how do we get paid as your attorneys? As part of your settlement demands, we ask your employer to cover attorney’s fees, court costs, and other fees associated with your case. Since the amount can only be obtained as a part of your settlement or jury verdict, we do not get paid unless you receive compensation from your employer. This way, you do not have to worry about how much it costs to pay a retainer or on-going fees throughout your case.
At the end of the day, there is no harm in taking some time to learn about your rights and legal options. Please contact California Labor Law Employment Attorneys Group and schedule a free case evaluation.
