Best Wrongful Termination Lawyers in San Mateo

About Wrongful Termination Law in San Mateo, United States

Wrongful termination occurs when an employer fires an employee for reasons that violate state or federal laws or breach an employment agreement. In San Mateo, wrongful termination laws are shaped both by federal regulations and California’s robust worker protections. This means an employer cannot legally terminate someone for discriminatory reasons, retaliation, refusal to participate in illegal activities, or for exercising certain legal rights. Because California is an “at-will” employment state, employers can typically terminate workers for any reason or no reason at all, but there are important exceptions that protect employees from wrongful termination.

Why You May Need a Lawyer

Facing termination from your job can be emotional and confusing, especially if you believe it was unjust or illegal. You may need a lawyer for the following common situations:

• If you suspect you were fired due to discrimination based on race, gender, age, disability, religion, sexual orientation, or national origin.
• If you believe your termination was retaliation for reporting harassment or illegal activity (whistleblowing) in the workplace.
• If your employer breaches an expressed or implied employment contract by firing you.
• If you were terminated after taking legally protected leave, such as family, medical, or military leave.
• If you need guidance in understanding severance agreements, non-compete clauses, or finding alternative resolution options.

An experienced wrongful termination lawyer can help clarify your rights, navigate the legal process, negotiate with employers, and pursue claims for lost wages or damages.

Local Laws Overview

San Mateo follows California employment law, which is among the most employee-friendly in the country. Key aspects relevant to wrongful termination include:

• At-Will Employment with Exceptions: Most jobs can be terminated at any time, but exceptions apply for discriminatory, retaliatory, or contract-based firings.
• Discrimination Protections: California’s Fair Employment and Housing Act (FEHA) expands on federal protections, forbidding terminations due to characteristics such as race, gender, disability, or age (if over 40).
• Retaliation Laws: Employers cannot legally fire employees for documenting workplace violations, filing complaints, or participating in investigations.
• Protected Leaves: California law gives added protections for employees on family, medical, or pregnancy leave.
• Public Policy Violations: Termination for refusing to break the law or perform illegal acts is prohibited.
• San Mateo County Ordinances: Although primarily governed by state law, local ordinances and city policies may provide additional rights in certain industries or circumstances.

Frequently Asked Questions

What is wrongful termination?

Wrongful termination happens when an employer fires an employee in violation of the law, such as for discriminatory reasons, in retaliation for certain actions, or in breach of an employment contract.

Can my employer fire me for any reason in San Mateo?

California is an at-will state, so employers can generally terminate employees for any lawful reason or for no reason. However, they cannot fire you for reasons that violate federal or state laws, such as discrimination or retaliation.

What kinds of discrimination are illegal in a firing?

Employers may not legally fire you based on race, color, national origin, gender, sexual orientation, religion, age (if over 40), disability, pregnancy, or other protected characteristics under California and federal law.

Am I protected if I report illegal activity at work?

Yes, California law protects whistleblowers. It is illegal for your employer to retaliate against you for reporting violations of law or unethical behavior in the workplace.

Can I be fired while on family or medical leave?

No, both federal and California laws prohibit termination because you are taking protected leave, such as leave under the Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA).

What should I do if I think I was wrongfully terminated?

Document all relevant details about your termination, gather copies of employment contracts, emails, and evaluations, and consider speaking to an employment attorney experienced in wrongful termination cases.

How long do I have to file a wrongful termination claim?

Time limits vary depending on the nature of the complaint. For discrimination claims, you typically have 300 days to file with the Equal Employment Opportunity Commission and one year with the California Civil Rights Department. Consult a lawyer promptly to avoid missing any deadlines.

Can I sue for emotional distress from wrongful termination?

In some cases, yes. If your employer’s actions were especially egregious or intentional, you may be able to claim damages for emotional suffering, in addition to lost wages and benefits.

Do I need evidence to support my wrongful termination claim?

Yes, evidence is crucial. This can include emails, performance reviews, witness statements, documentation of complaints, and your termination letter.

Is severance pay required if I am terminated?

California law does not require employers to provide severance pay unless it is specified in your employment contract or company policy. However, you may be able to negotiate severance, especially with legal assistance.

Additional Resources

If you are seeking more information or need to report possible wrongful termination, the following resources can be helpful:

• California Civil Rights Department (CRD): Handles employment discrimination and retaliation claims.
• Equal Employment Opportunity Commission (EEOC): Processes federal discrimination complaints.
• San Mateo County Legal Aid Society: Offers free or low-cost legal consulting for eligible individuals.
• California Department of Industrial Relations (DIR): Information on employment rights and filing labor complaints.
• Local Bar Associations: Can provide referrals to experienced wrongful termination attorneys in San Mateo.

Next Steps

If you believe you were wrongfully terminated in San Mateo, here is how you can proceed:

• Document everything related to your employment and termination, including any correspondence and records of workplace incidents.
• Review your employment contract, company policies, and relevant documentation for information on termination procedures and your rights.
• Contact a legal professional with experience in employment law. They can assess the strength of your case, explain your options, and represent you if legal action is needed.
• Consider filing a complaint with the California Civil Rights Department or the EEOC if discrimination or retaliation is involved.
• Seek support from local or state employment law resources for guidance or mediation services.

Taking prompt action and consulting with a qualified attorney can help protect your rights and increase your chances of a favorable outcome.