What Type of Lawyer Do I Need for Wrongful Termination?
Disclaimer: The information provided in this article is for general informational and educational purposes only. It is not intended to constitute legal advice and does not create an attorney-client relationship. Statutes of limitations and legal rights can vary based on specific facts and circumstances. The information contained herein can change due to changes in the law. You should not rely on this information without consulting a qualified attorney about your particular situation.
If you were fired and believe it was illegal, you may be unsure who to call. The answer is an employment lawyer who represents employees — but it helps to understand the differences so you choose the right advocate.
The answer: an employment lawyer (plaintiff-side)
Wrongful termination is a type of employment law claim. You want a plaintiff-side (employee-side) employment attorney — one who represents workers against employers, not one who defends companies. Firms that handle both, or that focus on employee rights, are typically the right fit.
Employment lawyer vs labor lawyer vs general practitioner
‘Labor law’ often refers to unions and collective bargaining, while ’employment law’ covers individual workplace rights like discrimination, retaliation, and wrongful termination. A general practitioner may lack the specific knowledge of California’s FEHA and Labor Code that these cases require. For a firing you believe was illegal, an employment lawyer is the right choice.
What wrongful termination actually means in California
California is an at-will state, so an employer can usually fire you for any reason or no reason — but not for an illegal reason. A termination is wrongful when it violates the law or public policy: for example, firing based on a protected characteristic, in retaliation for a protected complaint, or for taking legally protected leave.
When a firing is illegal
- Discrimination based on age, race, sex, disability, pregnancy, religion, or national origin.
- Retaliation for reporting harassment, discrimination, safety issues, or wage violations.
- Whistleblowing about illegal activity.
- Taking protected medical or family leave.
- Refusing to commit an illegal act.
What to look for when choosing the right attorney
Look for a firm with employment-law experience, a track record with California FEHA and Labor Code claims, clear communication, and a contingency fee option. In your consultation, ask how many similar cases they have handled and who will actually work on your file.
How these lawyers get paid
Most plaintiff-side wrongful termination cases are handled on contingency — no upfront fees, and the lawyer is paid a percentage only if you win or settle. California law also allows prevailing employees to recover attorney’s fees from the employer in many cases.
Frequently Asked Questions
What kind of lawyer do I need for wrongful termination?
A plaintiff-side employment lawyer — one who represents employees against employers and knows California’s FEHA and Labor Code. Avoid general practitioners for these specialized claims.
What is the difference between an employment lawyer and a labor lawyer?
Labor law generally deals with unions and collective bargaining; employment law covers individual rights like discrimination, retaliation, and wrongful termination. You want an employment lawyer for a firing.
How do I prove wrongful termination in California?
You show the firing was for an illegal reason — discrimination, retaliation, whistleblowing, or taking protected leave — usually through timing, documents, comments, and inconsistent employer explanations.
How much does a wrongful termination lawyer cost?
Most work on contingency: no upfront fee, payment only from a recovery. California law also lets prevailing employees recover attorney’s fees from the employer in many cases.
Is it worth suing for wrongful termination?
If your firing was illegal, potentially yes — remedies can include lost wages, emotional distress damages, and attorney’s fees. A free consultation can tell you if you have a viable claim.
Talk to a San Diego Attorney — Free Consultation
Tan Ngo Law Firm helps San Diego clients with wrongful termination claims and related matters. Consultations are free and you pay nothing unless we win. Call 1-760-230-9562 or request a free case evaluation online.
