Your termination could be wrongful if your employer fired you: Due to discrimination. In violation of a federal or state labor law. Because you reported and refused to participate in harassment.
Wrongful termination occurs when an employer fires a worker for unlawful reasons. Common unlawful reasons for unlawful termination includes firing employees for discriminatory reasons based on age, disability or pregnancy. Employees may be able to sue former employers for wrongful termination in California.
Some of the most common examples of wrongful termination include the following. Retaliation for a Workers' Compensation Claim. Retaliation for Reporting Sexual Harassment. Age Discrimination. Racial Discrimination. Whistleblower Retaliation. Violating the Family and Medical Leave Act (FMLA)
California Wrongful Termination Settlement Estimator CategoryAverage Settlement Amount Low Approximately: $5,000 – $30,000 Moderate Approximately: $30,000 – $100,000 High Approximately: $100,000 – $1,000,000+
Short answer: In 2025, the best way to win a wrongful termination case in California is to prove that your employer fired you for an illegal reason, such as discrimination, retaliation, or violation of public policy.
What Is the Burden of Proof for Wrongful Termination in California? In California, the employee who was fired unfairly has the burden of proof. They have to show that being fired broke a contract, a law against discrimination, or public policy.
Proving a case of wrongful termination involves presenting compelling evidence, such as the following: Employment Records: Maintain detailed records of employment, including performance evaluations, commendations, and any documents indicating positive job performance.
Under California and federal employment law, proving a wrongful termination case is not easy. It requires thorough investigation and evidence to support the employee's claim.
If you suspect that you've been fired under illegal circumstances in California, consult with an employment lawyer who can assess your case. An experienced wrongful termination lawyer can evaluate your situation, help you navigate your options for restitution under the law, and advocate on your behalf in court.