If you’ve been let go and something feels off, you’re not alone. Our San Mateo wrongful termination lawyers can protect your rights under California law.
At Omega Law Group Accident & Injury Attorneys, we represent workers who have been wrongfully terminated across California. With decades of experience between us, our legal team knows how to help you seek justice.
If you need help, don’t hesitate to reach out to our team. Contact us today to talk to a San Mateo personal injury lawyer.
Wrongful Termination Laws in California
California is an at-will state, but employers still cannot fire you for illegal reasons or in violation of public policy. If your termination was tied to a protected trait, protected activity, or lawful leave, you may have a claim. San Mateo employees working in tech, biotech, healthcare, retail, and hospitality have the same protections as workers anywhere in the state.
Illegal termination can arise under the Fair Employment and Housing Act (FEHA), California Labor Code retaliation provisions, and the common-law claim for wrongful discharge in violation of public policy. It can also stem from retaliation for reporting safety issues, wage theft, or discrimination, or from taking CFRA/FMLA leave.
Our San Mateo wrongful termination attorneys also see cases tied to reductions in force, when layoff decisions target older workers, people returning from leave, or vocal whistleblowers.
Even in a restructuring, selection criteria must be lawful and consistently applied. Our team can evaluate whether the employer’s reason holds up.
Illegal Reasons for Firing in California Workplaces
Federal and California laws bar termination based on protected traits and activities. If the decision was motivated by bias or retaliation, it can be unlawful even if labeled “performance” or “fit.”
Some common reasons for unlawful termination can include:
- Discrimination based on race, color, national origin, sex, gender identity, sexual orientation, pregnancy, religion, disability, age (40+), or marital status.
- Retaliation for reporting harassment, discrimination, wage violations, or safety hazards.
- Firing after requesting accommodation or medical leave under CFRA/FMLA.
- Whistleblowing about legal violations or refusing to engage in unlawful acts.
- Punishing political activity, lawful off-duty conduct, or jury duty under state law.
Your employer also cannot fire you for using paid sick leave or for taking time off related to domestic violence or a school emergency. If timing, comments, or inconsistent reasons surround your firing, that pattern can support a claim.
What to Do After You’re Unlawfully Fired
Start by requesting your personnel file and payroll records, which California employees can review and copy within set timelines. Preserve emails, performance reviews, text messages, chat logs, calendars, and witness names. Keep your termination letter and any severance offer in a safe place.
Avoid signing severance or arbitration-related paperwork before a legal review. Many agreements include releases that can limit your claims or shorten deadlines. A San Mateo wrongful termination attorney can analyze the terms and advise on counteroffers or carve-outs.
Additionally, write a short timeline of events while the details are fresh. Note who said what, when policies changed, and any comparison of employees who were treated differently. A clear chronology helps us assess whether to proceed under FEHA, whistleblower statutes, or common-law claims.
How a San Mateo Wrongful Termination Attorney Builds Your Case
Our team will assess whether the employer’s explanation fits the evidence we find. If the stated reason shifts, or if performance ratings improved before complaints, those conflicts can be telling. We also look for patterns showing protected workers were singled out during layoffs or restructuring.
When appropriate, we file administrative charges to preserve rights, seek a right-to-sue, and pursue early resolution through mediation. If the employer uses arbitration agreements, we analyze enforceability and strategy under current California and federal law.
Your wrongful termination lawyer serving San Mateo can also coordinate with experts on economic loss and, when needed, medical professionals on emotional harm. Throughout the process, we focus on practical steps that move your case forward.
Important Evidence in Wrongful Termination Claims
Some of the most important pieces of evidence that can help our team better support you and build a strong claim include:
- Digital evidence: emails, messaging apps, collaboration tools, and version histories.
- HR materials: policies, handbooks, investigation files, and complaint reports.
- Performance data: evaluations, PIPs, metrics, and productivity dashboards.
- Comparator proof: co-worker treatment, schedules, and discipline records.
- Leave and accommodation records: CFRA/FMLA forms and ADA/FEHA requests.
- Pay records: wage statements, commissions, and bonus plans.
Filing Deadlines in San Mateo
For discrimination and retaliation under FEHA, you generally must file with California’s Civil Rights Department (CRD) within three years of the alleged act. You can request an immediate right-to-sue or ask CRD to investigate.
For whistleblower claims under the Labor Code and public-policy wrongful discharge, timelines can be shorter or different. Some claims may go through the Labor Commissioner; others are filed in court. If federal law applies, a charge with the EEOC may be appropriate, often with dual filing to cover state and federal rights.
Because limitation periods can be complicated and exceptions may apply, your lawyer will review the facts of your case and prepare documents quickly. A short consultation with our team can clarify which deadlines control your case in San Mateo County.
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Damages Available for San Mateo Employees
Available relief depends on the statutes involved and the evidence. Typical remedies include back pay, front pay, lost benefits, and, under FEHA and public-policy claims, emotional distress damages. Punitive damages may be available if the employer acted with malice, oppression, or fraud.
You may also recover attorneys’ fees and costs under FEHA and certain whistleblower laws. In some cases, reinstatement or a neutral reference can be part of a resolution. We calculate losses tied to salary, equity, commissions, and bonuses common in San Mateo’s job market.
Most cases resolve through negotiated settlement or mediation. That said, we prepare each claim as if it will be litigated, which helps improve results across the table. You’ll have a clear view of risks, timelines, and potential outcomes at every step.
Speak With a Wrongful Termination Lawyer Serving San Mateo
If you believe your firing crossed the line, a focused review can make all the difference. Omega Law Group helps San Mateo employees understand their options, preserve evidence, and pursue fair results through settlement, agency action, arbitration, or court.
Contact us to discuss your situation, deadlines, and next steps. Your consultation is free, and we only get paid if we recover for you.
