Wrongful Termination Lawyer in San Mateo

San Mateo wrongful termination cases are pursued under California's broad employment-protection framework, including FEHA (Government Code section 12940), Title VII, and Labor Code sections 1102.5/6310. Strict filing deadlines apply: CRD 3 years; EEOC 300 days. We represent employees only, never employers. Free confidential consultation.

What Is Wrongful Termination in San Mateo

California is an at-will state, but the at-will rule has many exceptions. The leading case is Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167, which established the public-policy tort: an employee fired for refusing to commit an illegal act, for asserting a statutory right, or for reporting illegal conduct can sue in tort. Other San Mateo wrongful-termination grounds include FEHA (Cal. Government Code section 12940), Labor Code section 1102.5 (whistleblower retaliation), Labor Code section 6310 (Cal/OSHA retaliation), Labor Code section 232 (wage-discussion retaliation), and Labor Code section 132a (workers' compensation retaliation).

San Mateo Industries Where Wrongful Termination Claims Are Most Common

• Healthcare workers - at the Sutter Health Mills-Peninsula Medical Center - San Mateo Campus (100 South San Mateo Drive, San Mateo, CA 94401, (650) 696-5400) and the larger Mills-Peninsula Burlingame Campus (1501 Trousdale Drive - 241-bed not-for-profit general medical and surgical hospital), plus the San Mateo Medical Center (San Mateo County's primary safety-net public hospital, operated by the County of San Mateo Health System). Covered by SB 525 healthcare worker minimum-wage schedule (Cal. Labor Code sections 1182.14, 1182.15, 1182.16) and California Health and Safety Code section 1278.5 ($25,000-per-violation civil penalty for patient-safety retaliation). San Mateo Medical Center employees, as county employees, are subject to the 6-month Government Claims Act deadline.
• Financial services and professional services workers - at the many financial-services and professional-services firms across downtown San Mateo. Public-company employees are protected by Sarbanes-Oxley (18 U.S.C. section 1514A) for accounting/securities fraud whistleblower claims and Dodd-Frank section 922 (15 U.S.C. section 78u-6). Banking-sector workers have additional 12 U.S.C. section 1831j whistleblower protection.
• K-12 and higher education workers - at the San Mateo Union High School District / SMUHSD (9-12 in San Mateo, Burlingame, Hillsborough, and surrounding cities), the San Mateo-Foster City Elementary School District / SMFCSD (K-8), and the College of San Mateo (1700 W. Hillsdale Boulevard - part of the San Mateo County Community College District). Protected by Skelly v. State Personnel Board (1975) 15 Cal.3d 194 due-process rights, California Whistleblower Protection Act (Cal. Gov. Code section 8547), and the 6-month Government Claims Act deadline.
• Retail, restaurant, and hospitality workers - at the Hillsdale Shopping Center, B Street, 25th Avenue, and El Camino Real retail centers, plus hospitality and event-staff jobs at the San Mateo County Event Center (1346 Saratoga Drive - hosts the San Mateo County Fair and numerous trade shows). San Mateo workers covered by the San Mateo Minimum Wage Ordinance earn $18.60/hour effective January 1, 2026. Fast-food workers at chains with 60+ national locations earn the $20.00/hour AB 1228 floor (Cal. Labor Code section 1474).
• Government and public-sector workers - at the City of San Mateo (330 W. 20th Avenue), the San Mateo Police Department (SMPD officers subject to POBR / Cal. Gov. Code section 3300 et seq.), and the San Mateo Central Branch Courthouse (800 North Humboldt Street, (650) 261-5100). Subject to the 6-month Government Claims Act deadline.

San Mateo Mass-Layoff Notice Rights

If you were part of a San Mateo mass layoff, the California WARN Act (California Labor Code sections 1400 through 1408) requires covered employers with 75 or more workers to give 60 days' advance written notice of a mass layoff of 50 or more employees in any 30-day period, a plant closing, or a relocation. Federal WARN (29 U.S.C. sections 2101-2109) applies to employers with 100+ employees. Damages: up to 60 days of back pay and benefits, plus an additional civil penalty of up to $500 per day under federal WARN if notice is not given to the local government. SB 617 (effective January 1, 2026) expanded the required notice content.

California Law

For the full California framework, including Tameny, Labor Code section 1102.5, FEHA, Cal-WARN, and public-employee due-process rights, see our California employment law page.

What Compensation Can You Recover

Back pay, front pay (or reinstatement where appropriate), emotional-distress damages, punitive damages (unlimited under FEHA and under the Tameny tort), 60-day Cal-WARN back-pay damages where applicable, and attorneys' fees and costs (Cal. Government Code section 12965(c); Labor Code section 1102.5(j)). For details, see our California employment law page.

How to File a Wrongful Termination Claim in San Mateo

FEHA charges go to the California Civil Rights Department (CRD), Oakland Office, 1515 Clay Street, Suite 701, Oakland, CA 94612. Federal charges go to the EEOC San Francisco District Office, 450 Golden Gate Avenue, 5 West, San Francisco, CA 94102. Whistleblower and wage claims can be filed with the California Labor Commissioner (DLSE San Francisco Office, 455 Golden Gate Avenue, 9th Floor, Suite 9628, San Francisco, CA 94102, (415) 703-5300). Civil suits are heard at the San Mateo County Superior Court, Southern Branch Hall of Justice and Records, 400 County Center, Redwood City, CA 94063. Call us at 1-800-371-3088 before any deadline.