Employees who are wrongfully terminated in violation of public policy may be entitled to damages, including but not limited to lost wages, lost earning capacity, lost employment benefits, emotional distress, humiliation, inconvenience, loss of enjoyment of life, and attorney fees.
The success rate of wrongful termination claims can vary, but ing to a source, less than half of claimants (43%) received an out-of-court settlement or a court award in their wrongful termination case (1).
Wrongful termination settlements in California typically range from $5,000 to $90,000 on average. The final amount can vary depending on factors such as the circumstances of the termination and any damages incurred by the employee.
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. Note: The burden of proof is on the employee to prove that the termination was wrongful and that he or she suffered damages as a result.
Many wrongful termination cases result in favorable outcomes for the employee, either through settlements or court verdicts. Successful cases can result in compensation for lost wages, damages for emotional distress, and even punitive damages in some instances.
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.
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.
Navigating the Complex Wrongful Termination Legal Process Either way, expect a lengthy process, including discovery, pretrial motions, settlement talks, and potentially a full trial. Understand that these cases can last anywhere from one to three years from start to finish, depending on the circumstances.
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.