Employee Representation

Wrongful Termination Lawyer in San Diego

California is an at-will state, but at-will does not mean an employer can fire you for any reason. Termination becomes unlawful when the real reason is discrimination, retaliation for protected activity, a medical leave, a disability, or a refusal to break the law. Rainey Law P.C. represents employees across San Diego County in those cases.

Verdict
$20.7 million jury verdict
Forums
State court, federal court, arbitration
Agencies
California CRD and the EEOC

When a firing is legally 'wrongful'

The question is never whether the termination felt unfair — it is whether the motivating reason was one the law prohibits. Common unlawful reasons include:

  • Discrimination based on race, sex, sexual orientation, national origin, religion, age, disability, or medical condition
  • Retaliation for reporting harassment, discrimination, wage theft, or unsafe conditions
  • Retaliation for taking protected leave under the FMLA or the California Family Rights Act
  • Failure to accommodate a disability or pregnancy, followed by termination
  • Whistleblower retaliation under Labor Code §1102.5
  • Constructive discharge — conditions made so intolerable that resigning was the only option
  • Termination in breach of a written or implied employment contract

Evidence that matters in a California termination case

Employers rarely state an unlawful reason out loud. Cases are usually built from timing and inconsistency: a complaint followed weeks later by discipline, a shifting explanation for the firing, performance reviews that were strong until they suddenly were not, or comparators who did the same thing and kept their jobs.

  • Written performance reviews, warnings, and your personnel file
  • Emails, texts, and Slack messages around the complaint and the termination
  • The stated reason for termination and any later changes to it
  • Comparison to how other employees were treated for the same conduct
  • Medical documentation and accommodation requests, where relevant

Deadlines you cannot afford to miss

Most California discrimination and retaliation claims require an administrative filing with the Civil Rights Department (CRD) or the EEOC before a lawsuit can proceed, and each claim carries its own limitations period. Some claims run much shorter than the general rule. Speaking with an attorney early preserves options that expire quietly.

What we recover

  • Lost wages and benefits, past and future
  • Emotional distress damages
  • Attorneys' fees and costs where the statute provides them
  • Punitive damages in cases of malice, oppression, or fraud

Working with our firm

Ingrid Rainey has tried employment and business cases to verdict, including a $20.7 million jury verdict. That trial record matters in negotiation: employers and their insurers evaluate cases differently when the lawyer across the table is prepared to try one. Consultations are confidential.

Frequently asked questions

Can I be fired without a reason in California?

Yes. California employment is presumed at-will, so an employer can end the relationship without cause. What it cannot do is end it for an unlawful reason such as discrimination, retaliation for protected activity, or taking protected leave.

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

It depends on the claim. Discrimination and retaliation claims under California's Fair Employment and Housing Act generally require an administrative filing with the Civil Rights Department first, and federal claims run through the EEOC on a shorter clock. Because several deadlines can apply at once, it is best to have the dates reviewed promptly.

What if I signed a severance agreement?

A signed release may limit your claims, but not always — the terms, the consideration you received, and how the agreement was presented all matter. Have it reviewed before assuming your rights are gone.

Do I have to go to court?

Not necessarily. Many employment matters resolve through negotiation or mediation, and many employment contracts require arbitration. We evaluate which forum applies and what leverage exists in each.

Awards & Recognitions

Recognized year after year for excellence in employment and business law

Rated by Super Lawyers 5 Years - Ingrid Rainey
  • Rated bySuper LawyersIngrid Rainey2022
  • Rated bySuper LawyersIngrid Rainey2023
  • Rated bySuper LawyersIngrid Rainey2024
  • Rated bySuper LawyersIngrid Rainey2025
  • Rated bySuper LawyersIngrid Rainey2026
  • Expertise.comBest Employment LawyersEscondido2022
  • Top Lawyers of San DiegoRising StarsSan Diego2022
  • Best of San Diego 2026 winner — Best Lawyers, Rainey Law P.C.
  • San Diego Regional Chamber of Commerce Proud Member 2026 — Rainey Law P.C.

We fight for you.

Schedule a confidential consultation to discuss your business or employment matter.

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