San Diego Wrongful Termination Lawyers
Fighting for Your Legal Rights

When someone loses a job, it has a devastating effect for many reasons. Not only is that person's main source of income suddenly removed, but he or she could have trouble finding similar work for similar pay depending on the circumstances. If this has happened to you, it could necessitate help from San Diego wrongful termination lawyers.

Below you'll find information regarding the nature of most employment situations, the types of terminations that are considered illegal almost regardless of whether the relationship was governed by an employment contract and finally how you should proceed if you believe that you have been wrongfully terminated from your job.

The Nature of the Employer-Employee Relationship

Most employment relationships are considered "at-will," where either party can terminate the employment at any time for any reason whatsoever, as long as the reason for termination is legal. However, "at-will" employment only applies in the absence of an employment contract. If the parties have a contract, the terms of the contract apply.

That does not mean that an employment contract needs to be written. A contract can be formed in a variety of ways. The parties may have oral discussions that include promises to perform, or representations may be made during training or in policy manuals. Additionally, even if employment is considered "at-will," a person may not be terminated in violation of state or federal employment law. Examples of these types of illegal terminations include:

1. Retaliation for whistle-blowing
2. Pursuing a worker's compensation case
3. Asserting other rights afforded by law

The term "wrongful termination" means that an employer has fired or laid off an employee for illegal reasons in the eyes of the law. Illegal reasons for termination include:

• Firing in violation of federal and state anti-discrimination laws
• Firing as a form of sexual harassment
• Firing in violation of oral and written employment agreements
• Firing in violation of labor laws, including collective bargaining laws
• Firing in retaliation for the employee's having filed a complaint or claim against the employer
• Firing in violation of oral and written employment agreements
• Firing in violation of labor laws, including collective bargaining laws
• Firing in retaliation for the employee's having filed a complaint or claim against the employer

If you have been terminated for any of these reasons or any others that you feel are not legal, you need the help of the San Diego wrongful termination lawyers at Mitchell | Gilleon. Contact the firm today to schedule a free initial consultation.