How to Win a Wrongful Termination Case in California? 2024

Posted on September 14, 2024 | By Omid Nosrati | Wrongful Termination

When an employee is let go for improper reasons, it is legally known as wrongful termination. In California, workers are protected by labor laws. If you have been unlawfully fired from your job, you may have grounds for a legal claim. Knowing how to win a wrongful termination case in California, as well as knowing your rights and how to navigate the court system, can greatly improve your chances of winning a case for wrongful termination.

What Is Wrongful Termination?

Wrongful termination happens when an employer violates state or federal laws when firing an employee. In California, the majority of employees work under “at-will” employment, which means they can be fired for any reason, at any time, with or without notice. However, there are exceptions to this rule, and if an employee is terminated in violation of these exceptions, they have grounds for a wrongful termination claim.

Typical reasons for wrongful termination include:

• Discrimination
• Retaliation
• Breach of contract
• Violation of public policy

How to File a Wrongful Termination Claim in California

Filing a wrongful termination claim in California involves a series of steps. It is crucial to follow these steps carefully to ensure that your case is considered valid by the court.

Step 1: Gather Evidence

Winning a wrongful termination case hinges on strong evidence. Start by collecting the following:

• Employment contracts (if applicable). If you had a written or implied contract that outlines the terms of your employment and termination, it can be essential evidence.
• Performance reviews and work records. Positive performance reviews and employment records can counter any claim by the employer that you were fired for poor performance.
• Communication. Keep copies of emails, letters, and text messages that could show discrimination, harassment, or retaliation, as well as any communications regarding your termination.
• Witness statements. Co-workers or colleagues who witnessed discriminatory actions or unjust treatment can provide statements or testimony to support your case.

Step 2: File a Complaint with the Appropriate Agency

Depending on the circumstances of your wrongful termination, filing a claim with a state or federal agency might be necessary before taking the case to court. In California, two primary agencies handle employment-related complaints:

• California Civil Rights Department (CRD). If your wrongful termination involves discrimination, retaliation, or harassment, you must first file a complaint with the CRD before filing a legal claim against your employer in court.
• Equal Employment Opportunity Commission (EEOC). The EEOC handles complaints about violations of federal law. Filing a charge with the EEOC is often a prerequisite for federal employment claims.

Both agencies have strict time limits for filing complaints, so it’s important to act quickly.

Step 3: Hire an Experienced Employment Lawyer

Navigating California’s labor laws can be complex, so it is highly recommended to hire an experienced employment attorney who focuses on wrongful termination cases. A lawyer can help you build a strong case, represent you in settlement negotiations, and file a claim if necessary.

Step 4: File a Legal Claim

Once you’ve completed the administrative steps (such as filing a complaint with the CRD or EEOC), your attorney can file a claim against your former employer. The complaint will outline your wrongful termination claim, detailing how the employer violated the law.

What Is Needed to Win a Wrongful Termination Claim?

Winning a wrongful termination claim requires convincing evidence, skilled legal representation, and a well-prepared case. Having the appropriate amount of strong evidence will be instrumental in your case. Some important things that you will need to have a successful claim after you have completed the previous required steps include:

• Proving the termination was illegal. You must prove that your firing violated California labor laws or public policy. Documentation and witness statements are essential in establishing this.
• Causation. You must show a direct link between your termination and the illegal reason, such as discrimination or retaliation. For instance, if you were terminated shortly after reporting workplace safety violations, you need to establish that this report led to your dismissal.
• Damages. It is essential to show how the wrongful termination negatively impacted you financially or emotionally. This can include lost wages, lost benefits, and emotional distress.
• Employer’s defense. Be prepared for the employer to argue that the termination was based on performance or company policy. You will need to counter these defenses with solid evidence.

FAQs

What Is the Average Settlement for Wrongful Termination in California?

The average settlement for wrongful termination in California is not always the same. It depends on the details of the case, like lost wages, mental distress, and how the company behaved. There are many things that affect the final amount awarded, such as the strength of the evidence, the types of laws that were broken (discrimination, retaliation, etc.), and whether the case goes to trial or is settled before it goes to court.

What Qualifies for Wrongful Termination in California?

In California, an employer can be held liable for wrongful termination if they fire a worker for unlawful reasons, including discrimination (based on age, gender, or race), retribution for engaging in protected activities (such as whistleblowing), or breach of an employment contract. It is also unacceptable to fire someone for refusing to participate in an unlawful activity or for utilizing their legal rights, such as taking medical leave.

Are Wrongful Termination Suits Hard to Win?

Wrongful termination cases can be difficult to win since the employee must provide evidence that their discharge was unlawful. Although assembling solid proof and hiring legal counsel improves the odds, employers frequently contend the dismissal was justified due to performance-related issues. On the other hand, strong cases with obvious violations can succeed.

What Makes a Strong Retaliation Case in California?

What makes a retaliation case in California strong is clear proof that the employee did something legally protected, like reporting discrimination or violations at work, and that the employer directly punished them by firing them. Using proof from records and witnesses to show a link between the action and the response makes the case stronger.

Contact Nosratilaw, A Professional Law Corporation

If you need assistance navigating a wrongful termination claim, Nosratilaw, A Professional Law Corporation, can help. Contact us today to speak with a team member to get started.