Signs You Might Be Facing Wrongful Termination

November 24, 2024

Losing your job is tough. It’s even harder when you believe you were fired unfairly. Wrongful termination happens when an employer illegally fires an employee. Knowing the signs can help you determine if your termination was wrongful. This is important because it can affect your career and financial stability.

One sign of wrongful termination is unclear or inconsistent reasons for being fired. If your employer keeps changing their story about why you were let go, it may be a red flag. Another sign is experiencing discrimination or harassment at work. If you were treated unfairly due to your race, gender, or other protected characteristic, your termination might be illegal.

Retaliation is another big indicator. If you reported issues like safety violations or harassment and then were fired soon after, it could be an act of retaliation. This is prohibited by law and could be grounds for a wrongful termination claim. Lastly, the violation of employment contracts or company policies can also point to wrongful termination. If your employer didn’t follow the terms of your contract or their own policies, you might have been wrongfully terminated.

Understanding these signs can help you protect your rights. Identifying wrongful termination early can make a significant difference in your case. If you suspect you've been unfairly fired, knowing what to look for is the first step in seeking justice.

Unclear or Inconsistent Reasons for Termination

One of the first signs you might be facing wrongful termination is if your employer provides unclear or inconsistent reasons for firing you. Imagine being called into a meeting and told you are being let go due to poor performance. However, when you ask for specifics, the explanations are vague or contradictory. Your employer might say it’s because of a "lack of fit" one day and "budget cuts" the next. These mixed messages can be a red flag.

Track any communication regarding your termination. Save emails, text messages, and written notices. If your employer gives changing answers, this documentation can be crucial. Ask for clarity in writing about the reasons for your termination. This could force your employer to be specific, and any evasiveness on their part might strengthen your case.

Consistency matters. Employers should give clear, concrete reasons for their actions. If they can't, it might mean they are hiding something or trying to mask an illegal reason. Always question and seek detailed answers when the reasons for termination don’t add up.

Experiencing Discrimination or Harassment

Discrimination and harassment are major signs of wrongful termination. If you’ve faced unfair treatment based on race, gender, age, religion, disability, or other protected characteristics, your firing could be illegal. For example, if you received negative comments about your ethnicity from a supervisor who then fired you, this could indicate discrimination.

Document every instance of harassment or discriminatory behavior. Keep a log of dates, times, and what was said or done. Save any relevant communications, like offensive emails or texts. This record can serve as evidence to support your claim.

Consider whether you’ve been treated differently than your coworkers. If others in similar roles are not facing the same scrutiny or termination, it could be a sign of discrimination. Look for patterns. Sometimes, the discrimination can be subtle but consistent over time.

Report any harassment or discrimination to human resources. This establishes a record that you’ve attempted to address the issue. If the harassment continues and leads to your termination, this documentation can be a powerful piece of evidence in a wrongful termination claim.

Retaliation After Reporting Issues

Feeling uneasy after reporting an issue at work is understandable, but being fired because of it is illegal. Retaliation occurs when an employer punishes an employee for engaging in a legally protected activity, like reporting discrimination, safety violations, or other company misconduct. If you’ve noticed a sudden shift in how you’re treated at work after making a complaint, it could signal retaliation.

Here's what to look for:

1. Sudden Negative Performance Reviews: If your work was always considered satisfactory or excellent, but you suddenly receive poor reviews after filing a complaint, it might be retaliation.

2. Exclusion from Meetings or Projects: If your role suddenly shifts, and you find yourself excluded from key meetings or removed from important projects, this change could be a form of punishment for speaking out.

3. Disciplinary Actions: Receiving unwarranted disciplinary actions shortly after reporting issues can be another sign. This could include written warnings, demotions, or even suspension from duties.

Document all interactions with your employer after you report an issue. Keep emails, notes from meetings, and any other relevant communication. Providing this timeline to your attorney can help build a strong case for wrongful termination based on retaliation.

Violation of Employment Contracts or Policies

Employment contracts and company policies exist to protect both the employer and employee. When an employer violates these agreements, you might have grounds for a wrongful termination claim. This is especially true if your termination contradicts the terms laid out in your contract or the company’s own policies.

First, review your employment contract if you have one. Contracts often detail the conditions under which termination is permissible. If you are fired for reasons not listed, or without the required process being followed, it can be considered wrongful.

Check the employee handbook or company policies. Employers must adhere to their own rules and procedures. For instance, if the policy requires a series of warnings before termination, but you were fired without any, this might be a violation.

Keep a copy of all contracts and policies. If possible, obtain written documentation of the reasons for your termination. Compare these reasons to what is specified in your contract and company policies. Any discrepancies can support your claim of wrongful termination.

Conclusion

Navigating a wrongful termination can be challenging and stressful. Knowing the signs, such as unclear reasons for termination, experiencing discrimination, retaliation after reporting issues, and violations of employment contracts or policies, can help you identify if you’ve been wrongfully fired. Each of these signs plays a crucial role in building your case and protecting your rights.

If you suspect you are a victim of wrongful termination, take action. Document everything and seek legal advice to understand your options. At Veronica M. Aguilar Law Offices, we specialize in wrongful termination cases and can provide the guidance you need. Contact our wrongful termination lawyer in California today to discuss your situation and find out how we can help you fight for your rights and secure the justice you deserve.

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7 Things Every Parent Should Know About Child Custody in San Diego

March 25, 2025

Navigating a child custody case can be one of the most emotional and stressful experiences for any parent. As a family law attorney practicing in San Diego for over 34 years, I’ve seen the toll these disputes can take—not only on parents, but on the children involved. If you’re going through a separation, divorce, or need to modify an existing custody arrangement, it’s crucial to understand how California courts approach child custody cases. Here are 7 key things every parent should know about child custody in San Diego , and how I can help you through the process. 1. California Prioritizes the Child’s Best Interests California family law—like the San Diego County courts—centers on the best interests of the child . That may sound simple, but it’s a complex standard that considers: • The child’s age and health • Emotional ties to each parent • The ability of each parent to care for the child • History of substance abuse or domestic violence • Stability of home and school environment I help my clients present a clear, compelling case that shows how their parenting plan supports the child’s overall well-being and stability. 2. There Are Two Types of Custody California recognizes two forms of custody: • Legal custody: Who has the right to make decisions about the child’s education, health, and welfare. • Physical custody: Where the child lives and who provides day-to-day care. Parents can share joint custody , or one parent may be granted sole custody depending on the circumstances. I work closely with clients to develop fair and realistic arrangements that protect parental rights and promote a stable home life for their children. 3. A Parenting Plan Is Required If both parents can agree, a Parenting Plan (also called a custody and visitation agreement) must be submitted to the court for approval. If not, the judge will create one for you based on the evidence and testimony presented. A solid parenting plan covers: • Weekday and weekend schedules • Holiday and vacation plans • School pick-ups and drop-offs • Communication expectations I guide clients in crafting thorough, fair parenting plans that reduce conflict and offer clarity for both parents and children. 4. Mediation Is Often Required Before Court In San Diego County, if parents cannot agree on custody or visitation, the court will likely require mediation before a judge hears the case. The court provides a mediator at no cost, but legal advice isn’t part of the mediation. This is why it’s incredibly valuable to prepare with your attorney beforehand. I help my clients get organized and confident for mediation, so they can clearly present what matters most. 5. Modifications Can Be Requested Custody orders are not set in stone. If there’s been a significant change in circumstances—such as a parent relocating, job loss, or changes in the child’s needs—you can request a modification . I often help parents petition the court to modify custody agreements in ways that better reflect the current situation while still focusing on the child’s best interest. The process must be handled with care to avoid legal setbacks or delays. 6. Custody Disputes Can Affect Child Support Many parents don’t realize that the amount of parenting time directly impacts child support calculations . If custody changes—especially the number of overnights a child spends with each parent—it can significantly affect the amount of child support paid or received. As your attorney, I ensure that both custody and financial matters are addressed together, so your interests are protected on all fronts. 7. You Don’t Have to Do This Alone I’ve walked with hundreds of parents through the custody process, and I know how overwhelming it can feel. My role is not just to provide legal expertise, but to be a steady, compassionate guide who helps you stay focused on what matters most—your child’s future. Whether you’re filing for custody, responding to a petition, or seeking a modification, I will work tirelessly to ensure your voice is heard and your rights as a parent are respected. Need Help with a Child Custody Case in San Diego? If you’re facing a custody dispute or considering your legal options, don’t wait to get the support you need. As a San Diego child custody attorney , I’m here to help you create a parenting plan that works, protect your time with your child, and guide you through every step of the process.

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What to Expect During a Divorce in San Diego: A Step-by-Step Legal Guide

March 10, 2025

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Key Requirements: • At least one spouse must have lived in California for six months and in San Diego County for at least three months. • California is a no-fault state , meaning you don’t need to prove wrongdoing to file for divorce. At our firm, we help clients ensure that all paperwork is filed correctly and that deadlines are met, minimizing delays and mistakes. Step 2: Serving Divorce Papers Once the petition is filed, the other spouse (the respondent) must be legally served with the divorce papers. They then have 30 days to file a response. Proper service is a critical step. If not done correctly, it can slow the case down or result in the court rejecting your documents. Veronica M. Aguilar ensures that every procedural detail is followed to protect your interests from the start. Step 3: Financial Disclosures and Documentation California law requires both parties to exchange full financial disclosures early in the process. This includes: • Income statements • Property valuations • Debts and liabilities • Tax returns This step is essential for determining spousal support , child support , and equitable division of property . In cases where one party may be hiding assets or underreporting income, Veronica leverages her experience to investigate thoroughly and protect your financial future. Step 4: Resolving Key Issues Once financials are disclosed, spouses work toward resolving the major issues of the divorce: • Child Custody and Visitation Veronica always prioritizes the best interests of your children. Whether you’re seeking joint custody or full custody, she’ll help you create a parenting plan that is fair, practical, and aligned with California law. • Spousal Support Spousal support in California is based on factors like the length of the marriage, earning capacity, and standard of living. Veronica fights for fair outcomes, whether you’re seeking support or defending against an unfair request. • Division of Property and Debt California is a community property state , which means that most assets and debts acquired during the marriage will be divided equally. We’ll help ensure your property rights are protected and that no assets are overlooked. • Child Support Using state guidelines, child support is calculated based on each parent’s income and custody time. Veronica ensures these calculations are accurate and that the final amount reflects your child’s true needs. Step 5: Mediation or Trial If both parties can agree on the terms of the divorce, a settlement agreement can be submitted to the court without the need for trial. However, when disputes remain unresolved, the case may proceed to court. Veronica is both a skilled negotiator and an experienced litigator . Whether you need help reaching a peaceful resolution or require strong representation in court, she is prepared to advocate for your best interests at every step. Step 6: Final Judgment and Moving Forward Once all issues are resolved and the judge signs the final divorce judgment, your divorce is official. California law requires a six-month waiting period , so the earliest a divorce can be finalized is six months from the date the respondent was served. After the divorce is finalized, we assist clients with modifying custody or support orders, updating legal documents, and preparing for the next chapter of life. Why Hire a San Diego Divorce Lawyer? Divorce is not just a legal process—it’s an emotional journey that impacts every area of your life. Here’s why working with a divorce attorney in San Diego like Veronica M. Aguilar can make all the difference: • Over 34 years of experience in family law • Deep knowledge of San Diego County court procedures • Personalized guidance and clear communication • Compassionate, client-first representation • Transparent billing and no-cost initial consultations Free Consultation with a Divorce Attorney in San Diego Every divorce is unique, and you deserve an advocate who will listen to your story and fight for what matters most. At the Law Offices of Veronica M. Aguilar , we provide strategic, compassionate legal support tailored to your needs. Let’s work together to help you move forward with confidence.