The average payout of a wrongful termination claim in California varies from case to case, but can range from five to seven figures. Numerous factors go into calculating a potential settlement amount, such as your salary at the time of termination, how much money you lost because of the termination, your tenure with your employer, your benefits and how shocking your employer’s actions would be to a reasonable person.
There are benefits and drawbacks to filing a lawsuit against your employer. On the one hand, it allows you to stand up for what is right, showing that you and the rest of your coworkers will not tolerate illegal activity in your workplace. On the other hand, the litigation process is not an easy one. It involves months of strenuous back-and-forth, forcing you to rehash often traumatic experiences while sometimes having your character questioned.
Of all the reasons to file a lawsuit, the most practical reason is to recover money that is owed to you. After all, a lawsuit can never fully restore the dignity your employer took from you by treating you the way they did, nor can it restore the embarrassment the situation caused you. Just how much you can recover in compensation not only depends on the facts of your case, but the team you have on your side.
Standing With California Wrongful Termination Victims
At Maison Law, our team of experienced and dedicated California employment lawyers know how difficult it can be not only losing your job, but having it taken away illegally. When this happens to you, filing a lawsuit is the only way in which you can get a measure of retribution against your employer. Recovering compensation in a settlement takes dedication, not only from you, but from our team that will be with you every step of the way.
If you would like to start that process today, contact us for a free consultation.
California Law and Wrongful Termination
The first step in a wrongful termination claim is rather obvious: establishing that you have actually been terminated unlawfully. California law is very clear on the requirements that must be met for your termination to be considered wrongful or illegal. By law, wrongful termination occurs when an employer fires you for taking any or some combination of the following actions:
- Complaining, reporting, or participating in an investigation about workplace harassment or employment discrimination.
- Requesting reasonable accommodations for a disability or religious beliefs.
- Reporting violations of law or public policy.
Wrongful termination is also covered by the California Fair Employment and Housing Act, which prohibits discrimination based on one or any of the following characteristics:
- Age
- Disability
- Ethnicity
- Gender
- Sexual orientation
- Race
- Color
- National origin
- Pregnancy
- Military status
- National origin
- Religion or other protected status
- Domestic violence victims
Most likely, your employer and its various departments are keenly aware of the potential for wrongful termination claims. That’s why they have legal departments, human resources departments, and particular policies in place to mitigate such claims.
Firing For Cause
Generally speaking, if you are terminated for violating written company policies governing things like your attendance, appearance (outside of religious requirements), or performance, not following safety rules, or other similar reasons, your termination is likely to be classified as “for cause”, and may disqualify you from filing a wrongful termination claim.
Often, your employer will cite one of these reasons when firing you as a means of protecting themselves from a potential wrongful termination claim. However, if you can show that the discriminatory or retaliatory treatment you suffered began prior to any of these “performance issues”, you will likely be able to show that your firing was for pretextual reasons and could thus continue on with a wrongful termination claim.
How Else Can I Be Wrongfully Terminated in California?
The majority of wrongful termination cases involve either retaliatory or discriminatory reasons, but there are other circumstances in which you could be wrongfully terminated. These examples include:
Violation of Public Policy
Even if you aren’t a member of a protected class due to certain characteristics, you are still protected from wrongful termination by law. This protection applies if you:
- Report concerns and violations of workplace safety
- Report or refuse to engage in illegal actions
- Report or refuse to engage in actions that violate public policies
In the event you are fired after taking one of these above actions, you will most likely have a wrongful termination claim. Further, this protection even applies if you are fired for something that you did when you were off duty and not on company grounds.
Breach of Contract
In California, every employment relationship operates under a contract. Whether the contract is written or simply implied, there are protections in place against wrongful termination. Every employment contract contains provisions regarding things like your pay, working conditions, and the conditions under which you can be terminated. If any of these provisions are violated, you can pursue a wrongful termination claim, as well as a breach of contract claim.
What Do I Need to Know About a Wrongful Termination Lawsuit in California?
The crucial part of any wrongful termination claim is showing a link between:
- Your protected class or activity, and;
- Your employer’s retaliation against you because of it.
Once that’s established, a viable wrongful termination claim probably exists. However, the second part of the equation is the evidence you can present. If you feel you have been wrongfully terminated, the following documentation relating to your termination usually goes a long way to establishing this link:
- Emails
- Text messages
- Written reports
- Work schedule
- Paystubs to show decreases
- Changes in job duties to show that the employer was punishing them for your complaints
- Termination letters
With these key pieces in place, our team can then proceed to filing a lawsuit on your behalf. A civil lawsuit will allow you to pursue compensation in the form of damages from your employer. In a typical wrongful termination lawsuit, you can recover the following:
- Lost wages
- Back pay
- Loss of benefits
- Attorneys’ fees
- Damages related to pain and suffering
- Emotional distress damages
- Punitive damages, in cases where your employer was willful or malicious in their treatment of you.
What Is the Average Wrongful Termination Settlement Worth in California?
Again, the answer to this question is highly dependent on the facts of your particular case. Your claim rests on not only the evidence, but the extent of your damages. Normally, these damages are split into two categories: economic and non-economic.
Economic
Economic damages are monetary, and are centered around things like your pay, benefits, and other factors. Further, an economic expert can calculate the extent of your losses by taking your paystubs, W-2s, and tax returns to create an “economic loss report” that tabulates just how much money you lost because of your firing.
Non-economic
Non-economic damages can be harder to quantify, but can also be more impactful for a jury or insurance carrier. These damages revolve around your emotional distress, loss of dignity and the mental toll the firing has had on you. Seeking help from a mental health counselor who can provide testimony, as well as testimony from friends and family regarding the impact the employer’s actions have had on you can make a compelling case for higher damages.
With all these factors taken into consideration, the average payout can be anywhere from five to seven figures. Further, any settlement offer and your acceptance of it is going to come with a confidentiality agreement and release, meaning that your acceptance of a settlement is contingent upon you not disclosing the amount or talking about your former employer in a negative fashion.
Knowledgeable California Wrongful Termination Lawyers Will Stand Up For You
Losing your job can be extremely frustrating and scary, and the damages it can cause can’t be overstated. At Maison Law, our team of dedicated and accomplished California employment lawyers have a proven system of getting results. More importantly, we’ll stand with you every step of the way to offer legal guidance, protection, validation, and support, making sure you receive the maximum compensation that you’re entitled to.
If you would like to learn more about how our system can work for you, contact us for a free consultation.
