Wrongful Termination California_

Wrongful Termination California

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Is A Wrongful Termination Suit Worth It In California?

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How Much Can You Get From A Wrongful Termination Lawsuit?

If you think you’ve been fired unfairly and want to know what you can gain from filing a lawsuit for wrongful termination, you may be reading this article. The primary outcome of a wrongful termination lawsuit is typically monetary compensation, so the key question is how much you may be entitled to receive. However, it’s difficult to determine an exact amount as each case is unique and must be evaluated individually. Therefore, it’s recommended that you seek guidance from experienced wrongful termination attorneys, such as those at Wrongful Termination California, who can assist you in navigating the legal process.

Monetary Compensation For Wrongful Termination Cases Is Based On Many Factors

  • Past And Future Lost Earnings

If a plaintiff brings a wrongful termination case, they may be able to recover past lost earnings, which encompasses the wages and benefits they would have earned up until the present time if they had not been unlawfully terminated and had continued working for their former employer. Additionally, the plaintiff may be eligible for future earnings, which refers to the value of the wages and benefits they would have received if their employment had continued as expected. To determine the reasonable length of time the plaintiff’s employment would have continued, various factors such as their age, health, and job performance may be considered.

  • Emotional Distress Damages

If a plaintiff files a wrongful termination case, they may be able to receive damages for emotional distress, mental anguish, and other emotional or mental injuries they suffered due to the wrongdoing of their former employer. Although emotional distress damages cannot be easily quantified like past and future lost earnings, they are still important and can be substantial in wrongful termination cases.

Wrongful termination can occur when an employee is fired due to a personal characteristic, such as their race, religion, disability, or sexual orientation, which is prohibited by the Fair Employment and Housing Act (FEHA). It can also occur when an employee speaks out against illegal practices, such as unsafe working conditions or discrimination, and is retaliated against by their employer.

As a victim of wrongful termination, you may experience a variety of negative emotional and physical symptoms, such as stress, depression, relationship difficulties, and sleep disturbance, which could be grounds for recovering emotional distress damages in a lawsuit.

While some wrongful termination cases go to trial, many are settled outside of court through informal discussions or mediation. Mediation allows the parties to resolve the case with the help of a neutral mediator, such as a retired judge or experienced employment attorney. The advantage of mediation is that the parties can control the terms of the settlement, and the plaintiff ultimately decides whether to accept any monetary compensation offered.

Factors That Can Influence How Much You Might Get From A Wrongful Termination Lawsuit

  • Organize The Facts Of Your Claim

If you document the events that led to your termination, including identifying all the people involved and gathering relevant documents, your attorney will be more prepared to pursue your claim.

  • The Outrageousness Of Your Former Employer’s Conduct

If your former employer made comments that directly relate to your protected status (such as suggesting retirement, offering promotions, or mentioning a complaint to the Labor Commissioner), this evidence may impact the monetary compensation you receive.

  • Your Rate Of Pay

Employees who are higher paid may receive a higher amount of monetary compensation in a wrongful termination case, as the loss of earnings they experience due to termination is often more significant.

  • The Length Of Your Employment

Long-term employees usually receive a higher amount of monetary compensation in wrongful termination cases as they are often seen as losing a job that they value greatly, which causes them to experience more emotional distress compared to short-term employees.

  • Your Former Employer’s Defenses

When facing a wrongful termination lawsuit, employers often present a legal reason for the termination, such as poor work performance or attendance. If this reason is clearly fabricated, it may impact the amount of compensation awarded. These are only some of the factors that can influence the amounts of damages awarded in a wrongful termination case. Therefore, it is crucial to enlist the help of an experienced and committed wrongful termination lawyer, as it is difficult to estimate the potential compensation without proper legal guidance.

The Time to Act is Now 


Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for being fired for unlawful reasons.

Complete The Form Or Call – (888) 301-9971

Monetary Damages Recoverable For Wrongful Termination — In General

Calculating your economic damages in a wrongful termination lawsuit involves determining your total annual compensation, including salary, bonuses, commissions, and employee benefits, from the position you lost. If you cannot obtain expert assistance, you may need to estimate the value of some lost benefits and make assumptions about future salary increases, bonuses, and commissions.

Once you calculate your total annual compensation, you must multiply it by the number of years you were out of work and, if necessary, the number of years you expect to remain unemployed. While making these calculations, it is crucial to consider your duty to mitigate your monetary losses by finding another job and to account for potential raises or other compensation changes.

If you find a new job that pays the same or more than your previous job, your economic damages end when you start working. If you earn income from a job you took after being terminated, you must subtract that income from your monetary damages unless you can prove you would have earned that income even if you had not been fired.

Predicting emotional distress damages is challenging because they vary from person to person. Juries do not use a mathematical formula to determine these damages, but in California, emotional distress damages in employment cases typically range from $50,000 to $150,000. However, circumstances like diagnosed medical conditions or severe personal harm caused by being terminated could result in higher emotional distress damages.

Punitive damages may be awarded in some cases to punish the employer, but they are not commonly awarded unless the employer’s actions were particularly egregious. Attorney’s fees and out-of-pocket expenses are also part of your potential verdict if you prevail in a discriminatory or retaliatory discharge lawsuit in California.

Consider A Wrongful Termination Settlement

Receiving lost wages and other monetary damages and reinstatement of your job are potential outcomes if you win a wrongful termination case. However, most cases do not go to court, and it can be challenging to prove that your termination was unlawful due to discriminatory or retaliatory reasons. As such, settling the case may be a more practical option depending on your situation. Here are three reasons why you should consider settling instead of pursuing litigation:

  • You Won’t End Up Empty-handed

In a wrongful termination case, the employee has the responsibility of proving that their firing was unlawful, which makes it difficult for such cases to proceed to a jury trial. As a result, most cases are dismissed before they even get to that stage, leaving the employee with legal expenses and nothing to show for it. To avoid this, it may be wise to consider a wrongful termination settlement, which offers the benefit of a guaranteed outcome. The amount of settlement offered varies, depending on the merits of the case. While it usually involves monetary compensation, it may also include non-monetary relief. For instance, the employer may agree to convert the firing to a voluntary resignation and pledge not to disclose it to prospective employers.

  • Minimize Attorney’s Fees And Legal Costs

Litigation can be an expensive process as lawyers usually charge hourly fees, and you may also need to pay court filing fees and other expenses related to the legal process. Depending on the complexity of your case and your attorney’s fees, your legal fees could amount to $25,000 to $75,000 even before going to trial. While winning a wrongful termination case may enable you to recover these expenses, it can take years, particularly if there are appeals. In contrast, negotiating a settlement is a much quicker and cost-effective option than pursuing litigation. With the help of an employment attorney, you can negotiate a settlement that includes legal fees and other costs, and also receive advice on whether or not to accept a settlement offer.

  • Protect Your Privacy And Career

Commencing a lawsuit is a public act, and there may be negative consequences. For instance, despite being unlawful, some employers may refuse to hire someone who previously sued their former employer for discrimination. Additionally, if you lose your case, the court will issue a written decision that becomes public record, affirming your employer’s right to terminate you. If you choose to settle prior to initiating a lawsuit, there won’t be a public record of your termination. In fact, settlement agreements often mandate that the terms of the agreement remain confidential.

When Should I Accept A Wrongful Termination Settlement In California?

It is essential to ensure that any settlement offered by your employer for your wrongful termination case accurately reflects the harm caused by their actions before accepting it. Research has shown that individuals who have legal representation tend to receive settlements that are around 150% higher than those who do not. Therefore, it is important to seek the advice of an experienced employment attorney before accepting any settlement offer made by your employer.

What Are The Ways To Maximize Your Wrongful Termination Settlement In California?

To maximize and preserve your settlement when filing a wrongful termination lawsuit, there are several steps you can take. Firstly, it’s important to collect evidence of interactions that prove wrongful termination, such as emails, texts, letters, and other forms of proof that demonstrate harassment, retaliation, or violations of California employment law. However, it’s crucial to be cautious when taking photo and video evidence, as recording someone without their permission is illegal in California.

Secondly, it’s important to collect copies of your employment records, such as pay slips, which can help prove discrepancies in pay and other relevant variables in your employment. If you don’t want to meet your employer or return to your former office, your wrongful termination lawyer can request these documents on your behalf.

Lastly, it’s important to avoid further altercations or arguments with your employer on your way out, as any act of vitriol or violence can weaken your claim. It’s wise to distance yourself from your employer and focus on building your case instead. If negotiation is necessary, it’s best to have your wrongful termination lawyer with you or negotiate on your behalf.

The Time to Act is Now 


Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for being fired for unlawful reasons.

Complete The Form Or Call – (888) 301-9971

Pitfalls To Avoid In Your Wrongful Termination Lawsuits In California?

It is not recommended to accept the first settlement offer that your employer presents to you. It is important to take your time and fully understand the details of your case before accepting any offer. Once you agree to a settlement, you cannot seek additional compensation later.

A recent survey conducted by Nolo.com found that those who negotiated their settlements received double the amount compared to those who did not. Your employment lawyer will help you leverage the evidence in order to obtain the best possible settlement.

Furthermore, studies show that filing a formal wrongful termination lawsuit often results in a higher settlement amount and increases the likelihood of receiving a settlement. When a lawsuit is filed, the discovery process is initiated, which allows for additional evidence to be gathered. This can place you in a stronger negotiating position and increase the value of your case.

Free Consultation From Wrongful Termination California

At Wrongful Termination California, we have extensive experience in employment law and can help you maximize the compensation you receive if you’ve been wrongfully terminated. Our expert attorneys are well-versed in California employment laws and have successfully assisted numerous clients in obtaining the compensation they deserve.

Our team will thoroughly investigate your case, gather evidence, and assess your damages, including lost wages, emotional distress, and other losses. Using this evidence, we will negotiate aggressively with your employer’s legal team to obtain a fair settlement that fully compensates you for your harm. If necessary, we are willing to take your case to trial and fight for your rights and interests.

Working with us increases your chances of obtaining a just settlement or court verdict. Our priority is to help you obtain justice and financial security after your wrongful termination. Don’t hesitate to contact us for a free consultation and learn how we can help you receive the compensation you deserve.

The Time to Act is Now 


Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for being fired for unlawful reasons.

Complete The Form Or Call – (888) 301-9971

Attorney Advertising. Prior results do not guarantee a similar outcome. The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls or communications. However, contacting us does not create an attorney-client relationship. Please do not send any confidential information to us unless and until an attorney-client relationship has been established, which will be via a signed, written, retainer agreement. This website contains articles and commentary regarding certain jury verdicts. However, a jury verdict often does not reflect the actual amount that a plaintiff receives. Judges often reduce jury awards. Sometimes Judges add attorneys’ fees and other damages to awards. As a result, final awards or settlements, are often for different amounts than the amount awarded by the jury. Many of the jury awards discussed on the website, ended up being dramatically reduced. The depictions on the website that portray lawyers/clients are models and are not the actual lawyers/clients of the firm. The scenes depicted on this website are fictionalized.