Wrongful Termination Lawyer in Daly City
Protecting Peninsula Workers Who Have Been Illegally Fired from Their Jobs
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Daly City is a diverse community in San Mateo County, home to healthcare workers, retail employees, government staff, educators, and hospitality professionals. Employees across this vibrant city lose their jobs every day, but not all terminations are legal. The term “wrongful termination” refers to a situation where a firing breaches an employment contract or public policy, and you can learn more about the legal definition of wrongful termination for a foundational overview. Setareh Law Group has represented California employees for over 25 years, holding employers accountable when they fire workers for illegal reasons under the Fair Employment and Housing Act (FEHA), the California Labor Code, and established public policy protections.
If your employer has fired you for reporting discrimination, taking medical leave, refusing to break the law, or engaging in any other protected activity, you have legal rights. This page explains how wrongful termination claims work in Daly City, what deadlines apply, and how Setareh Law Group can help you seek justice against employers who break the law.
Key Information for Daly City Workers Facing Wrongful Termination
- Most common wrongful termination claims in Daly City: retaliation against healthcare workers, discrimination in retail, and public policy violations in government positions.
- Where cases are filed: San Mateo County Superior Court – Southern Branch, 400 County Center, Redwood City, CA 94063 (serving Daly City residents).
- Statute of limitations for most claims: Three years from termination date under California Code of Civil Procedure Section 335.1.
- Free confidential consultation available. Contingency fee representation.
Geographic Transparency Block
Our law office is located in Beverly Hills at 420 N Camden Dr, Beverly Hills, CA 90210, approximately 360 miles from Daly City. We represent Daly City workers through phone, video conferencing, and in person meetings at the San Mateo County Superior Court or by appointment. We serve all of California from this single physical office.
Firm Background at a Glance
Setareh Law Group is an employment law firm founded in 1999 by Chaim Shaun Setareh (California Bar Number 204514), headquartered at 420 N Camden Dr, Beverly Hills, CA 90210, representing employees throughout San Mateo County in wrongful termination , discrimination, retaliation, whistleblower, and wage theft cases.
Major Employers in Daly City
Employer | Industry | Daly City Area Employees |
Seton Medical Center | Healthcare | 1,500+ |
Daly City Government | Government | 500+ |
Jefferson Union High School District | Education | 800+ |
Serramonte Center | Retail | 1,000+ |
Kaiser Permanente Daly City | Healthcare | 1,200+ |
What Is Wrongful Termination Under California Law?
Many workers in Daly City believe that because California is an at will employment state, employers can fire them for any reason without consequence. This is not correct. At will means an employer can fire you for a bad reason or no reason at all, but not for an illegal reason.
A termination is wrongful when your employer fires you for a reason that violates:
Anti discrimination laws under FEHA, which is Government Code Section 12940 , protecting workers based on race, age, gender, religion, disability, sexual orientation, and pregnancy.
Whistleblower protection laws under Labor Code Section 1102.5 protecting workers who report illegal activity.
Family and medical leave laws under CFRA and FMLA protecting workers who take time off for health conditions or family needs.
Workers compensation laws under Labor Code Section 132a protecting workers who file injury claims.
Public policy as established by California courts through Tameny claims protecting workers who refuse to break the law or exercise their legal rights.
If your employer fired you for any of these illegal reasons, you have a wrongful termination claim. A wrongful termination lawyer in Daly City can help you understand whether your firing qualifies.
What Are the Illegal Grounds for Terminating At Will Employment in California?
Understanding the specific illegal grounds for termination can help you recognize whether your firing qualifies for a claim.
Discrimination based termination
Firing an employee because of their race, age, gender, religion, disability, sexual orientation, pregnancy, or national origin. This violates FEHA.
Retaliation based termination
Firing an employee for engaging in protected activity such as reporting discrimination, taking medical leave, filing a wage claim, complaining about unsafe conditions, or refusing to break the law. The EEOC explains that protected activity includes actions like filing a discrimination charge, participating in an EEO investigation, or opposing employment practices that violate anti-discrimination laws.
Public policy violation termination
Firing an employee for refusing to commit perjury, falsify documents, or violate health and safety codes. Also includes firing for serving on a jury, taking time off to vote, or filing a workers compensation claim.
Breach of contract termination
Firing an employee in violation of an employment contract, company policy that created an implied contract, or collective bargaining agreement.
Leave related termination
Firing an employee for taking CFRA, FMLA, or pregnancy disability leave, or for requesting reasonable accommodation for a disability.
A wrongful termination lawyer in Daly City can help you determine what type of claim you have.
What to Do After Being Wrongfully Terminated
If you believe you have been wrongfully terminated, taking certain steps can help protect your legal rights.
Document everything
Write down the date of your termination, what your employer told you, and any comments made before your termination. Save emails, texts, performance reviews, and any other evidence.
Do not sign anything immediately
Employers may ask you to sign a severance agreement or release. These documents often waive your right to sue. Do not sign anything without consulting a lawyer.
File a complaint with the appropriate agency
For discrimination or retaliation claims, file with the Civil Rights Department (CRD) within three years. For wage claims, file with the Labor Commissioner.
Contact a wrongful termination lawyer in Daly City
Call for a free consultation. A lawyer can evaluate your situation, explain your rights, and advise you on the best course of action.
Preserve evidence
Do not delete emails, texts, or other communications. Make copies of important documents and keep them outside of work.
Evidence That Strengthens Your Wrongful Termination Case
Proving wrongful termination requires evidence. Your lawyer will help you gather the evidence needed to show that your termination was illegal.
Performance reviews
Performance reviews that were positive before you engaged in protected activity and negative after can show pretext. Save all performance reviews, both positive and negative.
Emails and text messages
Communications showing discriminatory or retaliatory comments from supervisors are powerful evidence. Save emails, texts, and instant messages.
Witness statements
Witness statements from coworkers who heard discriminatory comments or witnessed similar treatment can strengthen your case. Ask coworkers if they are willing to provide a statement.
Timing evidence
Timing showing you were fired shortly after reporting discrimination, taking leave, or engaging in other protected activity is often the strongest evidence of wrongful termination.
Company policies and handbooks
Company policies and handbooks showing what procedures your employer should have followed can show that your employer violated its own rules.
You do not need to have all this evidence before calling a lawyer. A wrongful termination lawyer in Daly City can help you gather evidence and build your case. For guidance on documenting your case, see our what evidence do I need to sue my employer page.
Damages Available to Daly City Workers After Wrongful Firing
California law allows wrongfully terminated workers to recover significant financial damages. Unlike federal law, California has no cap on emotional distress or punitive damages.
Lost wages and benefits
Back pay including all wages, bonuses, commissions, health insurance, retirement contributions, and other benefits you would have earned from the date of termination to the date of judgment.
Front pay
Future lost wages if you cannot return to your former job because of hostility or because your position no longer exists.
Emotional distress damages
Compensation for anxiety, depression, humiliation, loss of sleep, and other psychological harm caused by the wrongful termination.
Punitive damages
Additional damages to punish your employer for malicious, fraudulent, or oppressive conduct.
Attorney fees and court costs
Your employer pays your attorney fees and court costs if you win your case.
Reinstatement
The court may order your employer to give your job back.
Setareh Law Group has recovered over one billion dollars for California workers, including millions in wrongful termination and retaliation cases. See examples of wrongful termination settlements in California .
How Our Daly City Wrongful Termination Attorneys Build Your Claim
A wrongful termination lawyer can handle every aspect of your case so you can focus on finding a new job and moving forward.
Case evaluation
Your lawyer will review the facts of your termination, identify potential legal claims, and advise you on the strength of your case.
Evidence gathering
Your lawyer will help you gather and preserve crucial evidence including emails, text messages, performance reviews, and witness statements.
Filing administrative complaints
For certain claims, you must file with the CRD before suing. Your lawyer will handle all filings and deadlines.
Negotiation
Your lawyer will negotiate with your former employer and their legal team to reach a fair settlement.
Litigation
If a fair settlement cannot be reached, your lawyer will file a lawsuit and represent you in court.
Wrongful Termination Claim Deadlines and Where to File
Wrongful termination claims have strict deadlines. Missing your deadline permanently bars you from suing your employer.
Statute of limitations for different types of claims
- Wrongful termination in violation of public policy known as a Tameny claim has a 3 year deadline from termination date under Code of Civil Procedure Section 335.1
- FEHA discrimination or retaliation claims require filing with the Civil Rights Department (CRD) within 3 years under Government Code Section 12960
- Whistleblower retaliation under Labor Code Section 1102.5 has a 3 year deadline from termination date
- Workers compensation retaliation under Labor Code Section 132a has a 1 year deadline from termination date
- Breach of employment contract claims have a 2 year deadline for oral contracts and 4 years for written contracts
Where to file
For FEHA claims: Civil Rights Department (CRD)
For wage claims: Labor Commissioner (DLSE) – The Division of Labor Standards Enforcement (DLSE) handles retaliation complaints related to wage claims and other protected activities, with strict filing deadlines.
For whistleblower claims: CRD or directly in court
For contract claims: Superior Court
Do not wait to contact a wrongful termination lawyer in Daly City. Evidence disappears, witnesses forget details, and deadlines pass quickly.
How Long Does a Wrongful Termination Lawsuit Take?
Wrongful termination cases vary in length depending on the complexity of the case and whether the employer is willing to settle.
Typical timeline for wrongful termination cases
- Investigation and evidence gathering: 1 to 3 months
- Filing administrative complaint with CRD: 1 month
- CRD investigation or right to sue notice: 6 to 12 months
- Filing lawsuit in court: 1 month after right to sue notice
- Discovery including depositions and document exchange: 6 to 12 months
- Mediation and settlement negotiations: 2 to 4 months
- Trial if no settlement: 1 to 2 weeks
Most wrongful termination cases resolve in 12 to 24 months. Cases that go to trial may take longer. Many cases settle during mediation or after key depositions.
Can You Get Your Job Back in a Wrongful Termination Lawsuit?
Yes. Reinstatement is a possible remedy under California law. The court can order your employer to give you your job back.
When reinstatement may be appropriate
- If you were wrongfully terminated and still want to return to the job
- If the workplace environment is not hostile or unsafe
- If your position still exists
When front pay may be better than reinstatement
- If the workplace environment is hostile or you would not feel safe returning
- If your position has been eliminated
- If returning would cause emotional distress
- If you have found a better job
Many employees choose front pay which covers future lost wages instead of returning to a hostile workplace. A wrongful termination lawyer in Daly City can help you decide which option is best for you.
Local Resources for Wrongful Termination in Daly City
Fact 1 The San Mateo County Superior Court Southern Branch at 400 County Center, Redwood City, CA 94063 handles civil employment cases for Daly City and all of San Mateo County. The courthouse is located approximately 15 miles from Daly City.
Fact 2 The nearest DLSE Labor Commissioner office for Daly City workers is located at 455 Golden Gate Ave, 9th Floor, San Francisco, CA 94102, approximately 8 miles from Daly City. This office investigates retaliation claims and wage complaints. You can also file a California labor board complaint .
Fact 3 Daly City has a large healthcare workforce with over 2,500 workers employed at Seton Medical Center and Kaiser Permanente. Healthcare workers file wrongful termination claims at higher rates than most other industries.
Why Choose Setareh Law Group for Your Daly City Wrongful Termination Case
- Over one billion dollars recovered for California workers since 1999, including wrongful termination, retaliation, and discrimination cases.
- 25 plus years of employment law experience. Founding attorney Chaim Shaun Setareh (Bar Number 204514) has practiced exclusively in employment law since 1999.
- Recognized by Super Lawyers, Best Lawyers, and CAALA.
- Licensed in all California federal courts, including the Northern District of California which covers Daly City.
- Spanish speaking staff available. Hablamos Español.
- Contingency fee means you pay nothing upfront. We only get paid if we win or settle your case. If we do not recover for you, you owe us nothing for our time.
Areas We Serve Across California
Counties: Los Angeles | Orange County | San Diego | Riverside | San Bernardino | Ventura | Santa Barbara | San Francisco | Alameda | Contra Costa | Sacramento | San Joaquin | Fresno | Kern | Stanislaus | Tulare | Monterey | Santa Clara | and every other county in the state.
Cities: Los Angeles, Long Beach, Glendale, Pasadena, Irvine, Anaheim, Riverside, San Bernardino, Ontario, San Diego, Chula Vista, Oceanside, Escondido, San Francisco, Oakland, San Jose, Fremont, Sacramento, Bakersfield, Stockton, and hundreds more.
FAQ's: Wrongful Termination Lawyer in Daly City
What is wrongful termination under California law?
Wrongful termination occurs when an employer fires an employee for an illegal reason such as discrimination, retaliation, or violation of public policy.
What are some examples of situations where I might need a wrongful termination lawyer?
If you were fired after reporting discrimination, taking medical leave, filing a workers comp claim, refusing to break the law, or complaining about unsafe conditions.
Who do you report wrongful termination to in California?
For discrimination or retaliation claims, file with the Civil Rights Department (CRD). For wage retaliation claims, file with the Labor Commissioner.
How do you prove wrongful termination?
Through evidence including timing, emails, texts, performance reviews, witness statements, and statistics showing different treatment.
How long does a wrongful termination lawsuit take?
Most cases take 12 to 24 months from filing to resolution. Many settle during mediation or after key depositions.
Can you get your job back in a wrongful termination lawsuit?
Yes. Reinstatement is a possible remedy, but many employees choose front pay instead of returning to a hostile workplace.
How can a wrongful termination lawyer help me?
A lawyer can evaluate your claim, gather evidence, file agency complaints, negotiate settlements, and represent you in court.
What could happen if I don’t hire a wrongful termination lawyer?
You risk missing deadlines, losing evidence, accepting a low settlement, or losing your case because you are outmatched by employer lawyers.
What questions should I ask when choosing a wrongful termination lawyer?
Ask about their experience, success rate, contingency fee, who will handle your case, and their approach to settlement versus trial.
Take the Next Step
Contact us today:
📞 Phone: 310-888-7771
✉️ Email: help@setarehlaw.com
🌐 Address: 420 N Camden Dr, Beverly Hills CA, 90210
Disclaimer: This information is provided for educational purposes and does not constitute legal advice. Each case is unique, and outcomes depend on specific facts and circumstances. Consult with a qualified California employment attorney to discuss your individual situation.
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