San Francisco Wrongful Termination Attorney
California, like almost all states, is an at-will employment state. This means employees can be fired for any lawful reason or no reason at all. Conversely, employees can also quit their job at any time for no reason at all. Neither the employer nor the employee is bound by employment. However, wrongful termination is an exception and refers to firing an employee for reasons that violate local, state, or federal laws. It could also involve a violation of the terms of an employment agreement.
Employers often use ‘at will’ employment to justify letting an employee go, but if your employer has violated the law, you do have legal recourse. At the Law Offices of Alan F. Cohen, our San Francisco employment law attorney has more than twenty years of experience representing clients who have been wrongfully terminated. We can advise you on your rights in filing a claim.
Who We Serve
We represent a wide range of employees who believe their termination was unlawful. Our clients often fall into one of these situations:
- Retaliation for Speaking Up: You reported discrimination, harassment, or workplace misconduct, and your employer fired you shortly afterward, with a reason that may not tell the full story.
- Whistleblower and Safety Concerns: You refused to break the law, falsify records, ignore safety violations, or participate in fraud, and you were fired as a result.
- Use of Protected Leave or Rights: You requested or used medical leave, disability accommodations, pregnancy leave, or another legally protected right, and your employer framed the firing as a performance or attendance issue.
- Breach of Contract or Written Promise: You had an employment agreement, commission plan, offer letter, or other written promise that may limit how your employer could end your employment or what you are owed after termination.
If any of these situations sound familiar, you may have grounds for a wrongful termination claim.
What Qualifies as Wrongful Termination?
Under California’s Labor Code, employers can fire an employee for any reason or even no reason at all and are not required to give any advance notice. However, under some circumstances, firing an employee may violate federal or state laws or regulations.
Determining if a termination was unlawful can be difficult, and wrongful terminations can happen in a number of ways:
- Termination after the employee requested a reasonable accommodation for disability.
- Termination in retaliation for asking to be paid overtime or other earned but unpaid wages.
- Termination for complaining about sexual harassment.
- Termination that violates the terms of an employment contract.
- Being terminated after opposing or refusing to engage in activities that are unsafe or illegal.
- Termination in retaliation for filing a whistleblower’s claim.
- Termination that is discriminatory in nature and based on protected characteristics, such as age, race, religion, nation of origin, disability, gender identity, or sexual orientation.
The best way to determine if your particular situation constitutes wrongful termination is to consult with an experienced employment lawyer.
Filing a Wrongful Termination Claim
Since there are several state and federal laws that govern employment, the process for filing a claim of wrongful termination will vary depending on the circumstances of each case and the exact law that has been violated. In many instances, it is necessary to first file a formal complaint or claim with a state agency, while other cases may proceed straight to a lawsuit. Because the time to file such complaints may be limited, it is important to discuss your situation with an experienced employment law attorney as soon as possible.
How the Process Works
Filing a wrongful termination claim involves several key steps. Our team guides clients through the process from start to finish:
- Step 1: Free Case Evaluation. We review your situation, ask the right questions, and give you an honest assessment of your options.
- Step 2: Strategy Development. We identify the laws that apply to your case and build a strategy designed to get you the results you need.
- Step 3: Negotiation. We pursue a fair resolution through direct negotiation whenever possible, saving time and stress.
- Step 4: Litigation. If negotiation does not produce the right outcome, we take your case to trial. We have gone up against some of the largest corporations and law firms in the country, and we do not back down.
Employers who are found liable for wrongful termination can face serious penalties. While each case is different, a successful wrongful termination claim could result in the following:
- Payment for lost wages and benefits;
- Compensation for emotional distress;
- Reimbursement for legal or other expenses;
- Punitive damages, which are designed to punish the employer and send a message discouraging others from engaging in similar behavior;
- Reinstatement to the employee’s prior position or a similar job.
Why Choose the Law Offices of Alan F. Cohen?
Experience matters in employment law, and Alan Cohen has built more than two decades of it. Since 1998, he has handled hundreds of disputes involving discrimination, retaliation, wrongful termination, and wage violations, developing a deep understanding of how employers and their legal teams operate.
Clients describe Alan as relentless in the courtroom and clear-headed in communication. He takes the time to explain your options in plain language, keeps you informed at every stage, and fights hard to get you the outcome you deserve. That combination of legal skill and straightforward communication is what sets the Law Offices of Alan F. Cohen apart.
Whether your case goes to settlement or trial, we bring the same level of preparation, strategy, and dedication. We understand what is at stake for you financially, professionally, and personally, and we treat every case with the seriousness it deserves.
Contact Our Wrongful Termination Lawyer Today
A wrongful termination can affect your finances, your career, and your sense of self-worth. You do not have to accept it without question.
To discuss your case and find out if you have grounds to take action against your employer for wrongful termination, reach out to the Law Offices of Alan F. Cohen today. Call our office or contact us online and request a free consultation to get started.
FAQs About Wrongful Termination in California
Wrongful termination occurs when an employer fires an employee for an illegal reason. This includes discrimination based on a protected characteristic such as age, race, gender, disability, or sexual orientation; retaliation for reporting misconduct; violation of a written employment agreement; and firing an employee for exercising a legally protected right such as taking medical leave.
While at-will employment means your employer can fire you for any lawful reason, it does not protect employers who fire employees for illegal reasons. If your termination violated a state or federal law, you may have a valid claim.
Useful evidence includes emails, performance reviews, termination letters, employment contracts, text messages, and documentation of complaints you made before the firing. The timing of your termination relative to a complaint or protected activity is also significant.
A successful claim may result in back pay and lost benefits, compensation for emotional distress, reimbursement of legal costs, punitive damages designed to penalize your employer, and reinstatement to your prior position.
Possibly. Employers sometimes use neutral-sounding reasons to disguise unlawful motives. If the timing of your firing, the pattern of treatment you experienced, or other facts suggest an illegal reason, an attorney can help assess whether the stated reason holds up.