Wrongful Termination Lawyer in San Francisco
Aggressive representation for San Francisco workers illegally fired from their jobs.
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San Francisco’s workforce is powered by technology, healthcare, government, and retail. Workers in these industries lose their jobs every day but not all terminations are legal. 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) and California Labor Code.
If your employer 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 San Francisco, what deadlines apply, and how Setareh Law Group can help you fight back.
Key Facts About Wrongful Termination in San Francisco
- Most common illegal firing reasons in San Francisco: Retaliation, discrimination, and whistleblower claims.
- Where cases are filed: San Francisco Superior Court 400 McAllister St, San Francisco, CA 94102.
- Deadline to sue: Three years from your termination date under California Code of Civil Procedure § 335.1.
Our Physical Office Location Serving San Francisco Remotely
Our law office is located in Beverly Hills at 420 N Camden Dr, Beverly Hills, CA 90210, approximately 400 miles from San Francisco. We represent San Francisco workers through phone, video conferencing, and in‑person meetings at the San Francisco 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 California in wrongful termination, discrimination, harassment, whistleblower retaliation, and wage theft cases.You can verify his bar status through the State Bar of California attorney search.
Largest Employers in the San Francisco Bay Area
Employer | Industry | San Francisco Area Employees |
UCSF (University of California San Francisco) | Healthcare / Research | 25,000+ |
Salesforce | Technology / Software | 15,000+ |
Sutter Health | Healthcare / Hospitals | 12,000+ |
City and County of San Francisco | Government / Public Services | 35,000+ |
Gap Inc. | Retail / Corporate Headquarters | 8,000+ |
How Do I Know If My Firing Was Illegal?
Many workers in San Francisco are unsure whether their termination crossed the legal line. California law presumes at‑will employment, meaning an employer can fire you for a bad reason or no reason at all. The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws that prohibit termination based on race, color, religion, sex, national origin, age, or disability. Learn more about what does at-will employment mean in California to understand the exceptions.
Clear signs your termination may be illegal
- You were fired within days or weeks of reporting discrimination or harassment to HR.
- You lost your job shortly after requesting medical leave, pregnancy disability leave, or family leave.
- Your employer fired you after you refused to falsify documents, commit fraud, or violate health codes.
- You were terminated after filing a workers compensation claim for a workplace injury.
- Your employer gave a false reason for firing you such as performance issues with no prior write ups.
If any of these situations sound familiar, you should speak with an experienced Wrongful Termination Lawyer in San Francisco as soon as possible to protect your rights and understand your legal options.
California Law Protects Employees From Illegal Firing
The California Fair Employment and Housing Act (FEHA) – Government Code Section 12940 – protects employees from termination based on protected characteristics. Unlike federal law, FEHA applies to employers with five or more employees. For a complete list, see our guide on which workers are protected by anti-discrimination laws .
Your employer cannot fire you because of
- Race, color, or national origin including ancestry and accent
- Religion or religious dress and practices
- Age of 40 and over
- Physical or mental disability
- Gender, gender identity, or gender expression
- Sexual orientation
- Pregnancy, childbirth, or related medical conditions
- Marital status
- Military or veteran status
The California Civil Rights Department (CRD) is the state agency that investigates FEHA violations. Detailed information is also available on workplace discrimination .
Firing an Employee for Taking Protected Leave Is Illegal
California employees have the right to take time off work for medical reasons, family needs, and pregnancy without fear of termination.
Protected leave laws include
- California Family Rights Act (CFRA) under Government Code Section 12945.2 provides up to 12 weeks of leave for family or medical reasons. Employers with five or more employees must comply.
- Pregnancy Disability Leave (PDL) under Government Code Section 12945 provides up to four months of leave for pregnancy, childbirth, or related conditions.
- Paid Sick Leave under Labor Code Section 246 requires employers to provide paid sick leave that cannot be retaliated against.
If your employer fired you for taking protected leave or for asking for reasonable accommodation, you have a wrongful termination claim. Review what qualifies as wrongful termination for more details, and see examples of FMLA violations in California for common employer misconduct.
Whistleblower Retaliation When Employers Fire Workers Who Speak Up
California has some of the strongest whistleblower protection laws in the country. Labor Code Section 1102.5 makes it illegal for an employer to retaliate against an employee who reports suspected violations of state or federal law.
Whistleblower protection covers you if you reported
- Unsafe working conditions or Cal/OSHA violations
- Fraud or financial misconduct by your employer
- Environmental violations
- Patient abuse or neglect at a healthcare facility
- Discrimination or harassment internally or to a government agency
The California Division of Occupational Safety and Health (Cal/OSHA) handles workplace safety complaints. For a deeper understanding, read about the California Whistleblower Protection Act and what is a whistleblower in California .
Missing Deadlines Will Kill Your Wrongful Termination Case
Wrongful termination claims have strict time limits, and missing your deadline can permanently prevent you from suing your employer. A knowledgeable Wrongful Termination Lawyer in San Francisco can help you file your claim on time and protect your legal rights.
Statute of limitations for wrongful termination claims
Wrongful termination claims have strict time limits. Missing your deadline permanently bars you from suing your employer.
Wrongful termination in violation of public policy (Tameny claim): 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 California Government Code § 12960.
Whistleblower retaliation under Labor Code Section 1102.5: 3‑year deadline from termination date.
Workers’ compensation retaliation under Labor Code Section 132a: 1‑year deadline from termination date.
Do not wait. Evidence disappears, witnesses forget details, and deadlines pass quickly.
What Damages Can You Recover After an Illegal Firing?
California law allows wrongfully terminated workers to recover significant financial damages.
Types of compensation available
- Lost wages and benefits known as back pay including all wages, bonuses, and health insurance you would have earned from the date of termination to the date of judgment.
- Front pay which covers future lost wages if you cannot return to your former job.
- Emotional distress damages providing compensation for anxiety, depression, humiliation, and loss of sleep.
- Punitive damages which are additional damages to punish your employer for malicious or oppressive conduct.
- Attorney fees and court costs which your employer pays if you win.
Setareh Law Group has recovered over one billion dollars for California workers, including millions in wrongful termination and retaliation cases. To see how cases settle, review wrongful termination settlements in California and wrongful termination damages in California .
Your Employer Cannot Fire You for Refusing to Break the Law
Under California law, an employer cannot terminate you for refusing to engage in illegal activity. This is called a Tameny claim, named after a landmark California Supreme Court case.
Examples of illegal activities employers cannot force you to commit
- Falsifying financial records or government documents
- Violating health and safety codes
- Committing insurance fraud
- Discriminating against customers or coworkers
- Violating environmental regulations
If your employer fired you because you refused to break the law, you have a strong wrongful termination claim.
What Is Constructive Termination? When You Were Forced to Quit
Constructive termination occurs when your employer does not fire you directly but makes working conditions so intolerable that you have no choice but to resign. California law treats constructive termination the same as actual termination.
Signs of constructive termination include
- Your pay was drastically reduced without explanation
- You were demoted to a lower position with less responsibility
- You were assigned undesirable shifts or locations to punish you
- You experienced ongoing harassment that your employer ignored
- You were excluded from meetings and opportunities for advancement
If you resigned because your employer made your job unbearable, you may have a constructive termination claim.
Local Resources for Wrongfully Terminated San Francisco Workers
Fact 1: The San Francisco Superior Court Civic Center Courthouse at 400 McAllister Street handles all civil employment cases for San Francisco County. Approximately 300 wrongful termination cases are filed at this courthouse each year.
Fact 2: The nearest DLSE Labor Commissioner office for San Francisco workers is located at 455 Golden Gate Avenue, 9th Floor, San Francisco, CA 94102. This office investigates retaliation and wage claims.
Fact 3: San Francisco has its own Office of Labor Standards Enforcement (OLSE), which enforces local laws including the Fair Chance Ordinance, Paid Parental Leave Ordinance, and Retail Workers Bill of Rights. These local laws provide additional protections beyond California state law.
Why Choose Setareh Law Group for Your Wrongful Termination Case
- Over one billion dollars recovered for California workers since 1999, including wrongful termination, whistleblower, and retaliation 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. These are third party recognitions you can verify.
- Licensed in all California federal courts, including the Northern District of California which is the San Francisco federal court.
- 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 San Francisco
What is the most common sign of wrongful termination?
Timing is the strongest evidence. If you were fired shortly after reporting illegal activity, requesting medical leave, or filing a discrimination complaint, that timing suggests illegal retaliation.
Can I sue my San Francisco employer if I was an at will employee?
Yes you can. At will employment does not allow employers to fire you for illegal reasons such as discrimination, retaliation, or public policy violations.
How long do I have to file a wrongful termination claim in California?
Three years from your termination date for most claims. Workers compensation retaliation claims have a one year deadline so do not wait.
What is the difference between wrongful termination and retaliation?
Wrongful termination is when your firing itself is illegal. Retaliation is when your employer takes adverse action including firing because you engaged in protected activity.
Do I need proof before calling a lawyer?
No you do not need evidence before calling. A lawyer can help you identify what evidence exists and how to preserve it.
What damages can I recover if I was wrongfully terminated?
You can recover lost wages, emotional distress damages, punitive damages, attorney fees, and court costs. California does not cap these amounts.
Can my employer fire me for reporting discrimination to HR?
No. Retaliation for reporting discrimination is illegal under Government Code Section 12940(h). This is a separate claim from the discrimination itself.
How does the CRD process work for wrongful termination?
You file a complaint with the CRD within three years. They investigate, mediate, or issue a right to sue notice. You then have one year to file a lawsuit.
Does Setareh Law Group meet clients in San Francisco?
Yes we do. By phone, video, or in person at the San Francisco Superior Court or by appointment. We serve all of California.
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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