For instance, it would be illegal for an employer to terminate an employee because of race, religion, age or disability discrimination or retaliation. Other examples would include terminating an employee because the employee disclosed she was pregnant, or because the employee made a workplace safety complaint.
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.
Employees must establish the existence of an employment relationship, the circumstances of their termination (whether direct or constructive), and evidence indicating unlawful motives behind the termination.
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.
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.
Workers who prevail in a wrongful termination claim often get awarded between $5,000 and $100,000 in compensation. However, each case is different. There is no single “average” wrongful termination.
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)
Is there an average settlement in wrongful termination cases? Wrongful termination settlements are determined case-by-case. Workers who prevail in a wrongful termination claim often get awarded between $5,000 and $100,000 in compensation. However, each case is different.