Wrongful Termination in San Francisco? Learn How to Protect Yourself
Wrongful terminations are one of the most common employment complaints in San Francisco, California, especially among the Hispanic community due to the dynamics of the state’s labor relationship in general. The additional problem that adds to this irregularity is that those affected are afraid to report it, thinking that their legal status has something to do with their employment rights.
But, in reality, any Latino worker should understand and have valuable information at hand: it does not matter if you have papers to work, once hired you automatically have rights and you must claim them.
The best Employment Lawyers in San Francisco can help you with your wrongful termination
If you or someone in your family has been wrongfully terminated or you believe your rights as a worker have been violated, talk to the lawyers at Workers’ Lawyers 24/7 and tell us about your situation or workplace issue by calling (888)442-2642 or filling out our contact form.
So that you have an idea of the implications of a wrongful termination, we can tell you that the issue, depending on the characteristics and implications, may even violate Human Rights.
Human Rights laws can be broadly applied in cases of wrongful termination, including occasional, part-time, seasonal, and contract employment, and extends to probationary and volunteer situations; it is not necessary for there to be a written employment agreement for an employment relationship to exist, and, in fact, a complaint can be filed before employment begins if there is reason to believe that employment was denied due to discrimination.
Laws that protect against wrongful termination
Information is definitely power, for this reason it is important that you know the laws that protect you as an employee against labor injustices, discrimination in the workplace and wrongful terminations.
For example, California law in general provides comprehensive workplace protections for employees, some of which govern how, when, and under what circumstances an employee can be legally terminated.
To be much more explicit, improper termination or wrongful termination occurs when an employer terminates an employment relationship in violation of the employee’s legal rights. In California, wrongful termination lawsuits or claims can arise when an employer violates a state or federal statute, general principles of public policy, the worker’s employment contract, or some other aspect of the law.
California’s wrongful termination law provides tools to employees who lose their jobs for the wrong reasons. Furthermore, you may also be entitled to receive back pay and benefits under the California WARN Act if you lose your job as part of a mass layoff, closure, or business relocation with less than 60 days’ notice.
Likewise, the federal Sarbanes-Oxley Act, Section 806, allows California employees to sue their employers in federal court if the employer wrongfully terminates or retaliates against them for reporting potential illegal conduct. To continue, California laws against retaliation for employer political activity, Labor Code 1101 and 1102 LC, are also part of the protection system.
Given this avalanche of legal information, the need arises for a lawyer familiar with employment law and also with Human Rights laws, so that they can advise you on the options of filing a lawsuit in a court, filing a complaint, filing a complaint with a labor board, or filing a complaint with a Human Rights commission.
The goal is for a legal advisor to explain every detail of your panorama, tell you about your possibilities, and accompany you throughout the process.
What to do in the event of a wrongful termination in San Francisco, California?
The unlawful termination of an employment relationship could be a major concern for anyone, especially for someone who depends on that salary to support their family. But, despite the seriousness of the matter, it is essential that you follow some recommendations to protect yourself and make subsequent claims:
Document everything
It is vital that you document absolutely everything that happened, the reasons why you were fired, what your employer did or said, and how you were fired. Look for formal documents or evidence or simply write down in detail all the events shortly after they have occurred.
Review your employment contract
If you have a contract or agreement, review it to determine if it limits the circumstances under which you can be fired. Your employer may be violating the contract and part of your job is to know if this occurs and what are the circumstances surrounding the event.
Do not assume violent attitudes
It is understandable to be angry about the injustice of being fired in this way, but under no circumstances should you act against your employer in any way, because this will make it much more difficult to recover damages later when you file a lawsuit.
Try to stay safe
If you have been fired from a hostile environment or feel that you are in danger, you must leave safely and quickly. You do not need to stay after the fact. Unless you have a contract, you are not legally obligated to have a final interview or a final meeting with anyone after being wrongfully terminated.
You must remain calm, because if the evidence in your case is solid, you may be entitled to recover damages against your employer. Yes, it is true that California is an “at will” employment state, which means that an employer can fire an employee at any time, as long as it is not for an illegal reason or there is a contract with specific clauses.
No worker wants to be the victim of a wrongful termination or any type of employment discrimination, but in reality, as the decision depends solely on the employer and their actions, as an employee you can only act once this occurs and the best way to do it is to look for a good lawyer, who speaks Spanish and who specializes in this type of cases.
Liberation Law Group, P.C offers you attorneys for workers 24/7 who will explain that whether due to discrimination or retaliation, if you have been fired without any justification, you have the legal possibility of filing a claim to obtain compensatory damages, punitive damages or, in some cases, reinstatement to your old job.
Whether due to your race, nationality or skin color; for expecting your legal rights as a worker, for being correct and not wanting to incur illegalities; for your political beliefs or your religion; for a disability or for age, you can be one more victim of a wrongful termination in San Francisco, California.
But, you have no reason not to defend yourself. It is essential that you seek help to file a lawsuit for: termination of employment due to sexual harassment at work; termination of employment due to retaliation; termination of employment due to discrimination or termination of employment due to breach of a contract with the support of the lawyers and legal assistants that make up the group of Liberation Law Group, P.C, with special attention in San Francisco, but also in Oakland, Berkeley, Palo Alto, as well as other cities around San Francisco, California.
If you’re Hispanic, live in San Francisco, and have been the victim of a wrongful termination, don’t think you can’t file a claim. It’s the opposite: it doesn’t matter whether you have papers to work—once you’re hired, you automatically have rights and you should exercise them. And if you need advice or someone to represent you, Workers’ Lawyers 24/7 are available to support you with whatever you need. Contact us for a free, confidential consultation at (888)442-2642.
Where We Serve
San Francisco, Oakland, San Jose, Sonoma County, Marin County, Napa County, and the entire region
Do you need an employment lawyer today?
Attorney Arlo Uriarte can evaluate your case — free, in Spanish, 24/7. 1-888-442-2642 — free consultation here.
Frequently Asked Questions
What are the most common types of wrongful termination in San Francisco?
The most common types we see: discriminatory termination (based on race, gender, pregnancy, age, disability), retaliatory termination (for reporting harassment, requesting medical leave, or claiming wages), constructive discharge (when the employer creates conditions so intolerable that it forces you to quit), WARN Act violations (mass layoffs without the required 60 days’ notice), and termination in violation of an implied contract created by employer policies. Learn about your rights regarding wrongful termination in California. Call 1-888-442-2642.
What is the WARN Act and what compensation can I get if my employer violated it?
California’s WARN Act requires employers with 75 or more employees to give 60 days’ notice before mass layoffs of 50 or more workers. If they didn’t, you may be entitled to up to 60 days of pay and benefits as compensation. This is an additional claim independent of whether the individual termination was discriminatory or wrongful. If your company made mass cuts without the required notice, call 1-888-442-2642 immediately.
What can I recover in a wrongful termination case in California?
Back pay (lost wages since the termination), front pay (future lost wages), the value of lost benefits (health insurance, stock options), emotional distress damages for the stress of being fired, punitive damages in cases of malicious conduct, and attorney’s fees paid by the employer in successful FEHA cases. For higher-wage Bay Area workers, the back pay and front pay component can be especially significant. Call 1-888-442-2642.
Can I get rehired while my wrongful termination case is pending?
Yes—and often it’s the right move. Working while the case is pending can reduce the amount of recoverable lost wages (duty to mitigate damages), but that can be offset by the normal life benefits of having a job. A lawyer can advise you on how new employment affects the value of your claim and whether there are case-specific considerations. Call 1-888-442-2642.
How long do I have to file a lawsuit?
Wage theft: 3 years (4 under the UCL). FEHA discrimination/harassment: 3 years. PAGA: 1 year. Act quickly. Call 1-888-442-2642.
How much does it cost to hire Liberation Law Group?
No upfront costs. Contingency fee. We only get paid if we win. In successful cases, the employer pays attorney’s fees. Free consultation. Call 1-888-442-2642.
Can my employer retaliate against me?
No. Illegal retaliation adds compensation. Read about workplace retaliation. Call 1-888-442-2642.
Do undocumented workers have the same rights?
Yes. Code § 7285. Total confidentiality. No contact with agencies. Call 1-888-442-2642.
Call 1-888-442-2642 or complete our free form. Attorney Arlo Uriarte is ready — in English or Spanish, at no cost, 24/7.
Liberation Law Group — Attorneys for Workers 24/7
2760 Mission Street, 2nd Floor, San Francisco, CA 94110
1-888-442-2642
Free Consultation in English or Spanish — No Obligation — No Fee Until We Win
