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.
While multimillion awards are possible, it is crucial to keep in mind that federal laws limit the amount of punitive and compensatory damages awarded in cases involving wrongful termination. They cannot exceed $50,000 – $300,000, depending on the number of employees working for the employer's business.
If you're serious about pursuing a wrongful termination lawsuit, we encourage you to contact our experienced legal team for personalized guidance. In California, wrongful termination settlements typically range between $30,000 and $300,000.
Few wrongful termination claims actually go to trial, but filing a lawsuit puts an employee in a stronger negotiating position by starting the formal discovery process (getting evidence through depositions and requests for documents).
Florida law also prevents terminations that violate public policy. For instance, if an employee refuses to engage in illegal activities requested by their employer and is fired as a result, they may be able to file a wrongful termination lawsuit.
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)
Steps to Take if You Believe You've Been Wrongfully Terminated Understand Your Employee Rights. Gather Evidence to Fortify Your Wrongful Termination Lawsuit. Consult a Wrongful Termination Lawyer. File a Complaint with HR. Explore Alternative Dispute Resolution (ADR) ... File a Complaint with a Government Agency.