San Diego Wrongful Termination Lawyer
Reviewed by Eliot J. Rushovich, Managing Partner, Rise Law Firm, PC. Last updated November 2026.
Can I sue for wrongful termination in California?
Yes, you can sue for wrongful termination in California. Although California is an at-will employment state, an employer may not fire you for an illegal reason, such as discrimination, retaliation for reporting misconduct or taking protected leave, or a reason that violates public policy. Rise Law Firm represents employees only, never employers, and handles wrongful termination cases on a contingency basis, so you pay no fees or costs unless we recover compensation for you.
If you were recently fired, call (310) 728-6588 or contact us to request a free, confidential consultation. Strict deadlines apply, and some begin to run on the day of your termination.
Rise Law Firm represents employees who live or work in San Diego County, from downtown, Sorrento Valley and UTC to Chula Vista, Oceanside, Escondido and El Cajon. San Diego employers range from biotech and technology companies to defense contractors, hospitals, hotels and resorts, and public agencies, and the same California protections apply to all of them. If your employer is a public agency, such as a city, the county or a school district, claims outside FEHA may require a government claim within six months, so it is especially important to act quickly.
What counts as wrongful termination in California?
A termination is wrongful when the real reason for it is one the law prohibits. The most common grounds are the following; the list is not exhaustive.
Discrimination.
The California Fair Employment and Housing Act (FEHA) prohibits firing an employee because of race, color, religion, national origin, ancestry, sex, gender, gender identity or expression, sexual orientation, pregnancy, age (40 and over), physical or mental disability, medical condition, genetic information, marital status, or military or veteran status. Federal law provides similar protections.
Retaliation.
An employer may not fire you for reporting discrimination or harassment, reporting illegal conduct or unsafe conditions, complaining about unpaid wages, participating in an investigation, or refusing to take part in something unlawful. Learn more about retaliation claims.
Protected leave and accommodation.
Firing an employee for taking leave under the California Family Rights Act or the federal Family and Medical Leave Act, taking pregnancy disability leave or sick leave, or requesting a reasonable accommodation for a disability is unlawful.
Violation of public policy.
California law protects employees who serve on a jury, take time off to vote, serve in the military reserve or National Guard, or exercise other legal rights.
Breach of contract.
A written employment agreement, or an implied promise that you would be fired only for good cause, can limit an employer’s right to terminate. In some cases, an employer’s own written policies may support such a claim.
Doesn’t at-will employment mean my employer can fire me for any reason?
No. At-will employment means an employer can end your employment without notice and for any lawful reason. It does not allow an employer to fire you for an illegal reason. Employers rarely state an illegal motive, so these cases often depend on the timing of the termination, inconsistent explanations, how other employees were treated, and documents such as performance reviews and emails. Investigating those facts is a central part of our work.
What should I do right after I am fired?
- Keep track of what happened, including dates, who was involved, what was said and the reason you were given.
- Keep copies of documents you are lawfully entitled to have, such as your offer letter, performance reviews, pay records and termination notice. Do not take confidential company materials.
- Request your personnel file and payroll records. California law gives you the right to request both (Labor Code sections 1198.5 and 226).
- If you believe you were fired for an illegal reason, do not sign a severance agreement or release before speaking with an employment lawyer.
- Speak with an employment lawyer promptly, because deadlines may already be running.
Should I sign a severance agreement?
Not if you believe your termination was illegal and you have not yet spoken with an employment lawyer. Most severance agreements require you to release all claims against your employer, including wrongful termination claims you may not know you have, and a signed release generally ends those claims. If you were fired because of discrimination, retaliation, taking protected leave or another unlawful reason, contact us before you sign. Rise Law Firm represents employees on a contingency basis in claims against employers that have broken the law. We do not review or negotiate severance agreements where there is no underlying legal claim.
Recognize your situation? Tell us what happened.
Request a free consultationHow long do I have to file a wrongful termination claim?
The deadline depends on the type of claim. The most common deadlines are below.
| Claim | Deadline |
|---|---|
| Discrimination, harassment or retaliation under FEHA | 3 years to file with the California Civil Rights Department, then 1 year after a right-to-sue notice to file a lawsuit |
| Federal discrimination claims (Title VII, ADA, ADEA) | 300 days to file a charge with the EEOC (the deadline for California employees), then 90 days after a right-to-sue notice to file a lawsuit |
| Wrongful termination in violation of public policy | 2 years |
| Whistleblower retaliation under Labor Code section 1102.5 | 3 years |
| Breach of a written employment contract | 4 years |
| Breach of an oral or implied contract | 2 years |
| Defamation | 1 year |
| Claims against a public employer | Non-FEHA claims generally require a government claim within 6 months |
These are general rules, and the facts of your case can change them. Contact us as early as possible so that no deadline is missed. Our guide to wrongful termination deadlines in California explains them in more detail.
What compensation can I recover?
Depending on the claim, a wrongfully terminated employee may recover:
- Lost wages and benefits from the termination to trial (back pay)
- Future lost earnings (front pay)
- Damages for emotional distress
- Punitive damages when the employer acted with malice, oppression or fraud (public entities are not liable for punitive damages)
- Attorney’s fees and costs under FEHA and certain other statutes
- In some cases, reinstatement
How much does it cost to hire Rise Law Firm?
Nothing up front. We handle wrongful termination cases on a contingency basis, which means there are no fees or costs unless we recover compensation for you. You can contact us to request a free, confidential consultation.
Why employees choose Rise Law Firm
We represent employees only.
We never represent employers.
Harvard educated lawyers trained at national law firms.
Managing Partner Eliot J. Rushovich, a graduate of Harvard College and Harvard Law School, began his career at O’Melveny & Myers LLP. Partner Lisa M. Watanabe-Peagler practiced in the Labor and Employment group at Epstein Becker & Green, P.C., where she represented employers, which gives our clients direct insight into how companies defend these cases.
Recognized by our peers.
Eliot J. Rushovich and Lisa M. Watanabe-Peagler have each been selected to Southern California Super Lawyers for 2022 through 2027. Mr. Rushovich holds an AV Preeminent Peer Review Rating from Martindale-Hubbell.
Executive terminations.
We represent senior executives, physicians and other professionals whose terminations involve employment agreements, equity, bonuses and deferred compensation.
A record of results.
We have secured millions of dollars for our clients. See our case results. Past results do not guarantee a similar outcome in any future case.
Do I need a wrongful termination lawyer who is based in San Diego?
No. California employment law is the same statewide, and we represent employees throughout California. Most of our work with San Diego clients happens by phone, and depositions and mediations are often held remotely. Cases are filed in San Diego County Superior Court or the federal court for the Southern District of California, and our attorneys appear in person when a court requires it.
For more on when a termination without a stated reason may still be unlawful, read our article on being fired for no reason in California. If you are wondering what your case may be worth, read our article on how much a wrongful termination case is worth in California. If you were told your position was eliminated or that you were part of a layoff, see our page on wrongful layoffs in California.
If you were fired because of your race, age, disability, pregnancy or another protected characteristic, see our San Diego discrimination lawyer page. If you were harassed at work, see our San Diego sexual harassment lawyer page. For an overview of the cases we handle, see our San Diego employment lawyer page.
Contact our San Diego wrongful termination lawyers
Call (310) 728-6588 or contact us online to request a free, confidential consultation. We represent employees who live or work in San Diego and throughout California from our office at 8383 Wilshire Boulevard, Suite 800, Beverly Hills, CA 90211.