Wrongful Termination Lawyer
When a Termination Becomes Unlawful
I represent employees in San Diego and throughout California in high-value cases involving wrongful termination, particularly where the decision can be tied to retaliation, protected activity, or other unlawful motives.
Not every termination is unlawful. Many workplace disputes that do not involve termination or significant impact are not well suited for litigation. In many situations, employers are permitted to make personnel decisions, even difficult or unfair ones.
A claim becomes viable when the termination can be tied to protected activity, unlawful motives, or inconsistent and unsupported explanations.
The issue is not simply whether the termination felt unfair, but whether it can be challenged based on evidence.
What Makes a Termination “Wrongful”
Wrongful termination typically involves a firing that violates the law or public policy.
Common examples include termination based on:
reporting misconduct or unlawful activity
discrimination (including pregnancy, disability or age)
requesting accommodation or protected leave
refusing to participate in unlawful conduct
In many cases, these claims overlap with retaliation-based theories.
👉 See: whistleblower retaliation
How Termination Decisions Are Examined
Employers rarely describe a termination as unlawful.
Instead, they often cite:
performance issues
restructuring
policy violations
The analysis focuses on whether those explanations hold up when compared to:
the employee’s prior record
the timing of events
internal documentation
A consistent and well-supported explanation is more difficult to challenge. An explanation that shifts or conflicts with the evidence may be subject to closer scrutiny.
The Role of Timing
Timing is often one of the most important factors.
When discipline or termination occurs shortly after:
a complaint
a report of misconduct
a request for accommodation
protected leave
it may raise questions about motive.
Even where some performance concerns exist, the timing of the decision can become central to the analysis.
👉 See how timing is evaluated: how retaliation cases are proven
Evidence and Documentation
Wrongful termination cases are built on evidence.
Relevant materials often include:
performance reviews and prior evaluations
internal communications
disciplinary records
timelines of key events
The strength of a case often depends on whether the employer’s stated reasons are supported by documentation or contradicted by it.
When a Wrongful Termination Case Is Strong
Not every termination results in a viable claim.
Stronger cases often involve:
a clear connection between protected activity and termination
close timing between events
a documented history of satisfactory performance
inconsistent or shifting explanations
measurable financial or career impact
Cases involving clear termination decisions with supporting documentation and measurable damages are generally the strongest.
Related Situations
Many wrongful termination cases arise from specific events or patterns.
Examples include:
These situations often form the factual basis for broader claims.
Case Evaluation
If you were terminated and believe the decision was tied to retaliation, discrimination, or other unlawful factors, the next step is to evaluate whether the termination can be supported by evidence and tied to a legally actionable reason.
Each matter is reviewed carefully to determine whether it can be supported by evidence and whether it is a strong fit for litigation.