Wrongful Termination Attorney
Do you have a wrongful termination case? Have you have been fired and believe it was unjust or without cause? If so, you might have legal recourse. Even if you have quit or ‘resigned’ from your job because of intolerable working conditions or a hostile work environment you might have a case for wrongful termination. This is known as constructive discharge.
If you have been terminated and believe that it was unjust or without cause get a Fast, FREE Confidential Case Evaluation from San Diego wrongful termination attorney John F. McCarthy to see if you have a solid case with a likelihood for a good outcome.
San Diego Wrongful Termination Attorney John F. McCarthy
California employment law Attorney John F. McCarthy will quickly evaluate the details you submit to him and if he finds that you have a wrongful termination case, he can then sit down with you or call you to discuss your various options.
Those options might be… to keep your job, be reinstated, or be financially compensated for your loss. San Diego wrongful termination attorney John F. McCarthy has the legal knowledge, negotiation skills and courtroom litigation experience that greatly benefits both private sector and government employees.
If you’ve been terminated from your job where your employer was in violation of California or Federal employment laws, you may have recourse against your employer. Wrongful termination attorney, John F. McCarthy has achieved satisfying and favorable settlements for his wrongful termination clients. As an experienced litigator, attorney McCarthy can help you obtain the best possible results in courtroom litigation, arbitration or mediation.
Wrongful Termination — Wrongful Discharge
Wrongful termination, often called wrongful discharge or wrongful dismissal in legal circles – is often the result of discrimination. Discrimination comes in many recognizable forms: sex, gender, sexual orientation, race, color, national origin, ancestry, religion, medical condition, physical issue, or in retaliation of an employee’s EEO rights (e.g. filing or being a witness in an EEO charge, complaint or investigation).
Wrongful dismissal is a legal phrase describing a situation – in which an employee’s contract of employment has been terminated by the employer when the termination breaches one or more terms of the contract of employment. If there is no employment contract the legality of your dismissal is then governed by statutes. Most employees don’t have an employment contract, therefore their employee rights, when violated, are protected by California State statutes (statutes are laws enacted by the both houses of the California legislature).
Why Do You Need a Wrongful Termination Attorney?
NO KIDDING… A search for California State statutes for “employment” results in 4,661 LAWS enacted since 1993 that govern your employer/employee relationship! San Diego wrongful termination attorney John F. McCarthy defends employees each day in California. John can help you determine if you have an actionable wrongful termination case that can help you keep your job, get your job back, or result in a cash settlement for being illegally victimized by your employer.
Contingency Fee: No Recovery — No Fee
Many wrongful termination cases can be handled on a contingency fee basis. That means that you only pay our legal fees if we recover financial compensation for your losses. We provide our clients a written explanation of the settlement or verdict amounts recovered and their distribution for our clients’ approval prior to their cases being closed.
Our contingency fees are calculated as a fractional percentage of the recovery and are very competitive. Since attorney John F. McCarthy’s fees will only be collected from the amount he recovers on your behalf, you can be sure that he is motivated to get you the most substantial recovery possible.
Because of the sheer number of employment case enquiries, we receive each week, regretfully we are not able to accept every wrongful termination case. In the event your Free Case Evaluation submittal is evaluated (personally by John) to be an actionable case –BUT– we are not able to accept your case right now, John will provide you a short list of other outstanding employment litigators that John has confidence in who might have an opening to assist you in your wrongful termination matter.
Wrongful Termination Contingency Fee Arrangement:
- Empowers the “little Guy or Gal” to retain powerful legal counsel to take on the largest private-sector, State or Federal Government employer.
- Saves you from paying ANY costs of your case while it is on-going.
- Saves you thousands if not hundreds of thousands of dollars.
- Starts your case against your employer today – not months or years from now.
- Allows you to finally get a peacefully night’s sleep. Yes! John understands the stress…
- NO money up-front or out of your pocket.
- NO matter the outcome of your case, you will never pay any attorney’s fees or costs.
FAST & FREE CASE EVALUATION – NO FEES UNLESS YOU RECOVER COMPENSATION!
Wrongful Termination Can Be Difficult to Prove
Proving a wrongful termination case can be difficult in California. Challenging an employer for wrongful termination usually requires the services of an employment law attorney. San Diego wrongful termination attorney McCarthy has years of experience with state and Federal laws pertaining to employee rights and civil rights AND is up-to-date with court rulings in wrongful termination cases similar to yours.
Why are Wrongful Termination Cases Difficult?
California is considered an “At-Will” state. “At-Will” is a legal term that means that an employee can be fired at the discretion (at the will or whim) of their employer for any reason – or NO reason at all. Employees who have not signed a contract with their employer or have not worked for their employer for five years are generally considered “At-Will”.
What Suffices for an Actionable Wrongful Termination Case in “At-Will” California?
In California, there are limited situations where a terminated employee has legal grounds to challenge his or her dismissal. Wrongful termination damages are often awarded in wrongful dismissal cases where the termination was for an unlawful reason such as discrimination.
Discrimination in the workplace can be subtle or overt. California and Federal law protect worker and civil rights when an employee is the victim of racial discrimination, sex discrimination, religious discrimination, age discrimination (40 or over). There are other laws in place to protect employees from being terminated for retaliation for making a EEO discrimination complaint, for refusing to participate in illegal activities, for complaining or “whistleblowing” about unlawful activity in the workplace and other situations that demonstrate a clear violation of public policy or breach of an “implied employment contract”.
Discrimination is Straight-Forward, but What is an “Implied Employment Contract”?
An “Implied Employment Contract” is one that is inferred from comments made during a job interview or job promotion or even from something printed in a training manual or handbook. In fact, “implied contracts” can be reasonably inferred from the actions, the statements, or the past employment history of an employer.
If you were fired or laid off because of you are in a group legally protected from discrimination by law, your termination would not be legal. An employer may not discriminate or terminate a person because of race, religion, national origin, gender, sexual orientation, disability, health condition, pregnancy, or age, pursuant to the California’s Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964.
Apart from statutes and laws protecting employees from discrimination, you may also have a case for wrongful termination if you were fired for:
- Harassment and bullying pursuant to an employment or labor law
- Taking time off to vote or to serve jury duty
- Taking time off under the Family and Medical Leave Act
- Performing military service
Your Employer will not tell you they Illegally Fired You
Even if harassment, discrimination or other overt and obviously illegal actions don’t apply to your case, you might still have a claim for unfair termination damages. Your employer is not going to voluntarily tell you when your employee rights or civil rights have been violated. However, if evidence shows that you could reasonably rely on continued employment so long as you maintained acceptable performance on the job, or if your periodic employee reviews indicated your employer’s intention to keep you, there might be a case. Constructive discharge can also represent an available remedy for employees who work under especially intolerable conditions.
FREE Confidential Case Evaluation — 24-Hour Turnaround!
If you would like San Diego employment lawyer John F. McCarthy to make an evaluation – to see if you have a wrongful termination case. Business hours, weekends — or the middle of the night — simply fill out John’s totally confidential Case Evaluation Form [Click HERE] and share your story with John in confidence. Your story and preliminary case details will be in Attorney McCarthy’s private INBOX the minute you hit “submit”.
McCarthy Law is one of California’s premier employment law firms. We provide employment law litigation, expert counsel and services to private sector employees and government employees on employment law issues, such as wrongful termination, discrimination, sexual harassment, wage and hour claims, whistleblowing and more.
Experience Counts and the experienced and hard working team at McCarthy Law will put their experience to work for you!
Contact McCarthy Law Today!