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.
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.
Average Retaliation Lawsuit Settlement Amounts in California Retaliation SeverityAverage Out of Court Settlement Low Approximately: $5,000 – $50,000 Moderate Approximately: $50,000 – $150,000 High Approximately: $150,000 – $1,000,000+
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.
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.
Most Californians can expect a wrongful termination settlement of approximately $5,000-$100,000. The breakdown for these numbers is as follows: 24% of Californians could expect a wrongful termination settlement of $5,000 or less. 30% of Californians could expect a wrongful termination settlement of $5,001 – $20,000.
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.
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.
In California, if an employee is wrongfully terminated in violation of public policy, they have 2 years from the date of their termination to file a lawsuit against their employer.