Wrongful Termination

Wrongful Termination Lawyer in San Diego

More Than $160 Million Recovered for California Employees

Wrongful termination occurs when an employee is dismissed or laid off for reasons that violate the law or breach an employment agreement. It often involves discrimination, retaliation, or breach of public policy. A firing doesn’t have to feel obviously illegal to be worth evaluating. The question is whether the available facts support a legal claim under California or federal law.

Zakay Law Group represents California employees in wrongful termination matters, retaliation claims, discrimination, wage and hour violations, and related workplace disputes. We evaluate each matter to determine whether it’s best pursued as an individual employment claim or whether the facts suggest a broader pattern affecting other workers at the same company. When one person’s termination reflects how an employer has treated an entire department or facility, a class action may allow us to seek remedies for the full group. Our firm has recovered more than $160 million for California employees across thousands of cases, representing workers against businesses ranging from small local employers to large national and international corporations.

Book a complimentary consultation with our San Diego wrongful termination attorneys. Call (619) 353-8032 or email us through our contact form. Hablamos español.

Common Wrongful Termination Scenarios in California Workplaces

Employees often sense that a firing was unfair but are unsure whether it was actually unlawful. Understanding common patterns seen in California workplaces can help you recognize when to speak with a wrongful termination attorney in San Diego about your rights. In many of our class action cases, we see employers use the same tactics across an entire department or facility, which can turn what looks like an individual problem into a broader pattern of violations.

For example, an employer may suddenly start writing up only certain workers after they report unpaid wages or safety issues, then use those disciplinary records as a pretext to terminate them. In other situations, companies roll out “restructuring” or “reductions in force” that conveniently target older workers, employees returning from medical leave, or people who have taken protected leaves under California law. When this happens to multiple people at a location in San Diego County, such as a call center or distribution hub, it can be a sign of systemic wrongful conduct that is suited to a class action.

We also see recurring issues in industries that are prominent in the San Diego area, including hospitality, healthcare, biotech, and retail. Employers in these sectors may pressure employees to work off the clock, misclassify workers as exempt from overtime, or retaliate against staff who raise concerns about patient safety or customer complaints. When terminations follow soon after someone asserts their rights, that timing can be important evidence. By comparing how multiple employees were treated before and after raising concerns, we can often uncover patterns that support a group case instead of leaving each person to fight alone.

Because we focus on representing employees in these recurring scenarios, we know which documents, witness statements, and electronic records may reveal that an employer’s stated reason for firing wasn’t the real reason. That perspective can be especially valuable if you’re the first person to come forward and are unsure whether others at your workplace have experienced the same thing. We listen to your account, assess the available evidence, and determine whether the facts may support an individual claim or a broader class action.

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Why Choose Zakay Law Group?

The Right Firm Makes a Difference

Aggressive Representation for California Employees
We are relentless in fighting for your rights. With a mission to ensure fair treatment of all employees, we hold employers accountable and pursue justice for violations of California employment laws.
Proven Track Record of Success
Our team has recovered millions of dollars in settlements for employees, ranging from small businesses to large corporations.
Free Consultations Available
At Zakay Law Group, we believe that every employee deserves the opportunity to seek justice without barriers. That’s why we offer free consultations to all potential clients.
Personalized Service, Powerful Results
As a boutique firm we deliver personalized attention to every case, while collaborating with larger firms to pool resources, ensuring our clients receive top-tier representation against even the biggest corporations.

Legal vs. Illegal Termination in California

California generally follows at-will employment, meaning employers can end a job relationship at any time and for any reason, provided that reason doesn’t violate the law. At-will status doesn’t give an employer unlimited authority. A termination becomes unlawful when the reason behind it crosses a line drawn by California or federal employment statutes, public policy, a protected employee right, or the terms of an employment agreement.

Situations where termination may be deemed unlawful can include:

Discrimination: Under the California Fair Employment and Housing Act (FEHA), enforced by the California Civil Rights Department, and federal laws, it’s illegal to terminate an employee based on protected characteristics such as race, gender, age, religion, national origin, disability, sexual orientation, pregnancy-related conditions, gender identity or expression, or other protected characteristics under California law.
Retaliation: Employers can’t fire employees for engaging in protected activities, such as filing a complaint about workplace discrimination or harassment, reporting safety violations, or participating in a law enforcement or government investigation.
Violation of public policy: Termination is illegal if it violates public policy. This could include terminating you for refusing to break the law, reporting your company’s illegal activities, exercising your right to vote, serving on a jury, or taking medical leave.
Breach of contract: If an employment contract specifies conditions for termination, firing an employee outside those terms can be illegal.
Whistleblower protections: Employees who report illegal activities or violations of law by their employer are protected from termination under whistleblower protection laws.
Family and Medical Leave: Terminating an employee because they took leave under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA) is generally illegal, though exceptions may apply depending on the circumstances of the termination.

Our attorneys handle wrongful termination matters across these categories and are admitted to practice in California state courts and the United States District Courts for the Southern and Central Districts of California. These admissions allow us to pursue claims under California and applicable federal law without referring the federal component to outside counsel.

The Impact of Wrongful Termination in San Diego

Job loss can disrupt wages, employer-provided benefits, career continuity, professional reputation, and household financial stability. Some employees also experience emotional distress. The effect of a termination may be relevant to damages, but available recovery depends on the legal claim, supporting evidence, mitigation issues, and other case-specific facts.

Securing legal assistance early can provide employees with a clearer picture of their options. We evaluate both the individual effects of a termination and whether similar harm may have affected other employees at the same workplace. That assessment shapes which legal path is most appropriate given the facts.

Filing a Wrongful Termination Claim in San Diego

Preserve a chronological record of complaints, protected activity, performance feedback, discipline, leave or accommodation requests, termination communications, and post-termination events. These records give any legal evaluation a strong starting point. California law, including FEHA as enforced by the California Civil Rights Department (CRD), provides several potential paths for a claim, and a free consultation with our firm can clarify which statutes and procedures may apply to your situation.

Deadlines vary by claim type. For employment discrimination complaints under FEHA, the CRD generally requires a complaint within three years of the alleged discriminatory act. A CRD right-to-sue notice then typically carries a one-year window to file suit. Retaliation claims within the Labor Commissioner’s jurisdiction may follow different timelines, and breach-of-contract claims can have separate deadlines entirely. Because missing a deadline can forfeit your right to seek legal recourse, prompt action matters.

Frequently Asked Questions

How Do I Prove My Wrongful Termination Was Discriminatory?

Evidence may include the timing of the termination, discriminatory statements, performance reviews, discipline records, electronic communications, and comparisons with how employees outside the protected class were treated. Testimony from co-workers who witnessed or experienced similar conduct may also connect the firing to a protected characteristic such as race, gender, age, or religion.

What Steps Should I Take If I Suspect Retaliation?

Preserve all relevant communications and records, create a timeline of the protected activity and any subsequent adverse actions, and avoid deleting or altering evidence. Identifying what protected activity preceded the adverse action and how soon afterward the employer acted can be critical. Retaliation is unlawful under both federal and California law. The applicable filing path and deadline depend on the type of retaliation claim, so seeking prompt legal advice about those specifics is important for protecting your rights.

Are There Local Resources in San Diego That I Can Access?

Official resources available to San Diego employees include the California Civil Rights Department, which handles employment discrimination complaints under FEHA, the California Labor Commissioner’s Office, which addresses wage and retaliation claims, and California’s Department of Industrial Relations, which offers resources on filing complaints and wage claims. Civil lawsuits may be filed in the Superior Court of California, County of San Diego.

If you believe you have been terminated illegally, you may have grounds to file a wrongful termination claim. Consider taking the following actions:

Review your employment contract: If you have a formal written contract, check for clauses that might have been violated during your termination.
Document everything: Keep a record of incidents, communications, and relevant documentation leading up to your termination. Preserve emails, text messages, performance reviews, pay records, schedules, and the names of potential witnesses. Don’t destroy, alter, or improperly take confidential company documents.
Request a termination letter: Ask for written documentation stating the reasons for your termination, but seek legal advice about how to communicate with your former employer before doing so.
Review any severance or release documents carefully: Avoid signing severance agreements, arbitration clauses, or settlement documents before understanding their legal effect on your rights.
Consult with our lawyers: Seek legal advice to understand your rights and the next steps.

Damages That May Be Available in a Wrongful Termination Case

When deciding whether to pursue a claim, it helps to understand the types of compensation that may be available. Depending on the facts and the laws involved, a court or settlement may address lost income, lost employment benefits, and harm to your career or reputation. If similar conduct affected a group of employees, we also evaluate whether the financial harm and underlying workplace practice support a broader claim.

Back pay and front pay are often key components of recovery. Back pay generally covers wages and benefits lost from the date of termination until resolution of the case, while front pay may address future losses when returning to similar work isn’t realistic. Health insurance, retirement contributions, and bonuses that were tied to employment can also factor into a damages claim. Carefully documenting what you earned before termination and how your earnings changed afterward helps lay the groundwork for proving those losses.

In some circumstances, employees may also pursue compensation for emotional distress and, where the law allows, punitive damages aimed at deterring especially harmful conduct. These claims require careful preparation and may be supported by medical records, therapist notes, or statements from family members who have seen the impact of the job loss. Recoverable damages are never automatic and depend on liability, causation, proof, mitigation, statutory limits, and the specific legal theory. We also look for patterns in how an employer’s actions affected workers’ finances and well-being. Depending on the claims and agreements involved, a case may proceed before an agency, in arbitration, in federal court, or in the Superior Court of California, County of San Diego.

How a Wrongful Termination Attorney in San Diego Can Help

Our unlawful termination attorneys can evaluate your case, identify viable legal theories, preserve evidence, and advise on whether agency procedures apply before a lawsuit can be filed. We can also assess whether the facts suggest that other employees experienced similar conduct, which may shape the litigation strategy from the outset.

At Zakay Law Group, our practice is devoted to representing employees. Shani Zakay founded the firm in January 2018 after beginning his legal career in 2009 and spending more than six years as a partner at a San Diego firm. That background gives us practical insight into how employers build their defenses and how to counter them on behalf of workers.

We’ve served as lead counsel in numerous class actions and collaborate with other law firms when a case requires pooled resources. Our small-firm structure keeps clients in direct contact with the people handling their case. This combination allows us to evaluate each termination on its individual facts while looking for broader patterns that may support a larger claim.

We communicate with clients in English, Spanish, and Hebrew, serve employees throughout California, and offer consultations by phone, in person, or virtually. Whether you’re in San Diego or consulting remotely from elsewhere in the state, you can discuss your situation with one of our unlawful termination lawyers at no cost and with no obligation to proceed.

Call us at (619) 353-8032 or email us online to make an appointment for a free consultation with a San Diego wrongful termination attorney today.

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