Being fired is difficult. Being fired illegally in California is an injustice that demands action. As a fired employee, you have rights, and when those rights are violated—such as termination based on discrimination, retaliation, or whistleblowing—pursuing a wrongful termination claim can be your path to justice and compensation.
Taking legal action against a former employer is a serious undertaking. Here is what you should expect as you consider or embark on a wrongful termination lawsuit in the Golden State.
The Critical First Step: Documentation
Your case lives or dies by the evidence. Before you even speak to a lawyer, you must gather every relevant document you can access.
Collect Everything: This includes your employment contract, offer letter, employee handbook, performance reviews, disciplinary notices, and your termination letter.
Preserve Communications: Save all relevant emails, texts, and internal messages that pertain to your termination or the illegal conduct you reported. Do this immediately, as you will likely lose access to work accounts.
Detail the Timeline: Write down a detailed chronological account of events, including dates, times, and names of witnesses for every conversation or incident leading up to your firing.
Your meticulousness in this stage will significantly strengthen your claim.
The Administrative Requirement: Filing a Complaint
In most wrongful termination cases involving discrimination or retaliation (like those under the Fair Employment and Housing Act, or FEHA), you cannot jump straight into a civil lawsuit. California law typically requires you to first file a complaint with a state or federal agency, most commonly the California Civil Rights Department (CRD).
Strict Deadlines: The statute of limitations for these claims is often short—sometimes as little as one year for filing with the CRD. Do not delay.
The "Right-to-Sue": Once the CRD investigates or decides not to pursue the case, they will issue a "right-to-sue" letter, which then allows you to file a lawsuit in civil court. This administrative step is mandatory.
Litigation: Discovery, Mediation, and Settlement
Once a lawsuit is filed, your case enters the litigation phase. This is an active, demanding process.
Discovery: Both sides will engage in "discovery," a period where you exchange information. Your lawyer will be asking your former employer for documents and questioning witnesses (depositions), and your employer's lawyer will be doing the same to you. This is where the evidence you collected earlier becomes vital.
Settlement is Common: The vast majority of wrongful termination lawsuits settle outside of a courtroom. Through mediation and negotiation, a resolution is often reached that is mutually acceptable, saving both parties the time, expense, and risk of a full trial. Settlements can range widely, from tens of thousands to hundreds of thousands of dollars, depending on the severity of the violation, the strength of your evidence, and your lost wages.
Going to Trial: While rare, if a settlement cannot be reached, your case will proceed to trial, where a judge or jury will determine the final outcome and damages.
Potential Recovery: What's at Stake?
A successful wrongful termination claim can recover more than just a public acknowledgment of the wrong. You can be compensated for:
Lost Wages and Benefits (back pay)
Future Lost Earnings (front pay)
Emotional Distress
Punitive Damages (in cases of particularly egregious employer conduct)
Attorneys' Fees and Costs
This is about recovering financially, but also about restoring your professional dignity and holding your employer accountable.
Talk to Our Employment Lawyers in Van Nuys, CA
If you believe you were fired illegally in California, don't face your former employer alone. Be assertive. Contact the legal professionals at Laurel Employment Law today. We will evaluate your case, guide you through the process, and fight tirelessly to secure the justice and compensation you deserve. Call us now at (310) 929-6371 for a confidential consultation.