Legal Process for Filing a Wrongful Termination Claim
Dedicated advocacy for California workers who have been illegally fired from their jobs.
- Last Updated:
Wrongful termination claims in California are increasingly common. Many workers who have been fired for illegal reasons including discrimination, retaliation, or refusing to break the law are unaware of their rights or the legal process to challenge their termination. Understanding the legal process for filing a wrongful termination claim is the first step toward recovering lost wages, benefits, and damages. According to the California Civil Rights Department, most employees must obtain a “Right-to-Sue” notice before they can file a private lawsuit for workplace discrimination or harassment.
California workers commonly experience these wrongful termination situations:
Fired for reporting workplace safety violations or wage theft
Terminated after complaining about discrimination or harassment
Let go for taking protected medical or family leave
Fired in retaliation for supporting union organizing
Terminated for refusing to engage in illegal activity at work
At Setareh Law, our wrongful termination lawyers help California workers navigate the legal process, meet strict deadlines, and recover lost wages, emotional distress damages, and punitive damages. We are committed to holding employers accountable for retaliation and ensuring your voice is heard.
What Is Wrongful Termination in California?
Wrongful termination occurs when an employer fires an employee for an illegal reason. While California is an “at-will” employment state meaning employers can generally terminate employees for any reason or no reason at all there are important legal limits to this rule. Employers are strictly prohibited from firing employees for reasons that violate state or federal law. When a termination crosses that legal line, it may qualify as wrongful termination.
According to the California Civil Rights Department, protected characteristics such as race, religion, age, and disability are shielded from discriminatory firing practices. Wrongful termination claims are exceptions to the at-will employment doctrine and arise when a dismissal is based on unlawful grounds. These cases often involve protected rights such as discrimination, retaliation, or violation of public policy.
- Occurs when an employee is fired for an illegal or unlawful reason
- California follows “at-will” employment but with important legal exceptions
- Employers cannot terminate employees in violation of state or federal law
- Common claims include discrimination, retaliation, public policy violations, or breach of contract
At setarehlaw, our wrongful termination lawyers are dedicated to protecting workers who have been unfairly pushed out of their jobs.
Types of Wrongful Termination Claims in California
Discrimination-Based Termination
- Fired because of race, gender, age (40+), disability, religion, sexual orientation, pregnancy, or other protected characteristics
- Covered under FEHA (California) and federal laws (Title VII, ADEA, ADA)
Retaliation-Based Termination
- Fired for complaining about discrimination, harassment, or wage violations
- Fired for reporting safety violations or refusing to work in unsafe conditions
- Fired for taking protected leave (FMLA, CFRA, PFL)
- Fired for supporting union organizing or other protected concerted activity
Violation of Public Policy
- Fired for refusing to engage in illegal activity (perjury, fraud, price-fixing)
- Fired for performing a legal duty (jury duty, military service, voting)
- Fired for exercising a legal right (filing workers’ comp claim, taking family leave)
- Fired for reporting employer misconduct (whistleblowing)
Breach of Contract
- Fired in violation of an employment contract (express or implied)
- Fired in violation of a collective bargaining agreement (union contract)
- Fired in violation of a promised procedure or progressive discipline policy
Why Wrongful Termination Claims Matter
- Wrongful termination can devastate workers financially, emotionally, and professionally
- Holding employers accountable deters future illegal terminations
- Recovering damages helps workers transition to new employment
- Wrongful termination claims can result in significant compensation
- Successful claims can force employers to change policies and practices
For more information on maintaining employment records, you can visit the California Department of Industrial Relations or review the federal guidelines provided by the U.S. Department of Labor.
Step-by-Step Legal Process for Filing a Wrongful Termination Claim
Step 1: Determine What Type of Wrongful Termination Claim You Have
- Identify whether your termination was based on discrimination, retaliation, public policy violation, or breach of contract
- Each type of claim has different deadlines, filing requirements, and potential damages
- Some claims require filing with a government agency before suing
- Some claims can be filed directly in court
- An attorney can help identify all potential claims
Step 2: Preserve Evidence and Document Everything
- Save all termination-related documents (termination letter, final paycheck, performance reviews)
- Save emails, text messages, or Slack messages related to your termination
- Document any discriminatory or retaliatory comments made by managers
- Write down names of witnesses and what they observed
- Keep copies of paystubs, timecards, and schedules
- Save evidence of your job performance (positive reviews, emails, awards)
- Do not delete anything even if you think it is unimportant
Step 3: Determine the Applicable Statute of Limitations
- 1 year To file a discrimination or retaliation claim with the California Civil Rights Department (CRD)
- 2 years To file a lawsuit under FEHA after receiving a right-to-sue notice
- 300 days To file a discrimination charge with the EEOC (federal)
- 2 years To file a violation of public policy claim (common law wrongful termination)
- 3 years To file a breach of employment contract claim
- 1 year To file a whistleblower retaliation claim (Labor Code 1102.5)
- Deadlines are strict missing a deadline can permanently bar your claim
Step 4: File an Administrative Complaint (For Discrimination and Retaliation Claims)
For Discrimination or Retaliation Under FEHA (California)
- File a complaint with the California Civil Rights Department (CRD) within 1 year of termination
- CRD investigates and may issue a right-to-sue notice
- You can request an immediate right-to-sue notice without waiting for investigation
- You must have a right-to-sue notice before filing a lawsuit in court
For Discrimination Under Federal Law (Title VII, ADEA, ADA)
- File a charge with the Equal Employment Opportunity Commission (EEOC) within 300 days of termination
- EEOC may investigate or issue a right-to-sue notice
- You must have a right-to-sue notice before filing a federal lawsuit
For Retaliation Under Labor Code 1102.5 (Whistleblower)
- No administrative filing required can file directly in court
- Must file within 1 year of termination
Step 5: Wait for Right-to-Sue Notice (If Required)
- For FEHA and federal discrimination claims, you must receive a right-to-sue notice before filing a lawsuit
- CRD or EEOC will issue a right-to-sue notice when:
- They complete their investigation
- You request an immediate notice
- They determine they cannot pursue the claim
- Once you receive the notice, you have a limited time to file a lawsuit:
- 1 year for FEHA claims (from date of right-to-sue notice)
- 90 days for federal claims (from date of right-to-sue notice)
Step 6: File a Lawsuit in Court (If Settlement Is Not Reached)
- Your attorney files a complaint in California Superior Court (state court) or federal district court
- The complaint outlines your claims, facts, and damages sought
- The employer is served with the complaint and must file a response
- Most wrongful termination cases proceed through litigation
Step 7: Discovery Phase
- Both parties exchange evidence and information
- Document requests (paystubs, emails, personnel files, performance reviews)
- Written questions (interrogatories) about the termination
- Depositions (sworn testimony) of you, managers, witnesses, and HR
- Expert witnesses (economists, vocational experts, medical experts)
Step 8: Dispute Resolution Settlement, Mediation, or Arbitration
Settlement Negotiations
- Most wrongful termination cases settle before trial
- Parties negotiate a financial settlement to resolve the case
- No admission of liability by employer
Mediation
- Neutral mediator helps parties reach a voluntary settlement
- Mediator does not decide the case facilitates negotiation
- Confidential and non-binding
Arbitration
- If you signed an arbitration agreement, your claim may be in arbitration instead of court
- Private judge hears evidence and issues binding decision
- Limited appeal rights
Step 9: Trial (If No Settlement)
- Case proceeds to trial before a jury or judge
- Your attorney presents evidence, witnesses, and testimony
- Employer presents defense case
- Jury or judge deliberates and issues a verdict
- Trial can take several days to several weeks
Step 10: Post-Trial Motions and Appeals
- Either party can file post-trial motions (judgment notwithstanding verdict, new trial)
- Either party can appeal the verdict to a higher court
- Appeals can take 1-2 years
What Damages Can You Recover in a Wrongful Termination Claim?
Economic Damages (Lost Wages and Benefits)
- Lost past wages from date of termination to verdict
- Lost future earnings (front pay) reduced to present value
- Lost bonuses, commissions, and overtime opportunities
- Lost retirement contributions, 401(k) matching, pension benefits
- Lost health insurance and other fringe benefits
- Out-of-pocket job search expenses
- Medical expenses (if termination exacerbated health conditions)
Non-Economic Damages (Emotional Distress)
- Anxiety, depression, humiliation, and loss of self-esteem
- Loss of enjoyment of life
- Reputational harm
- Damage to professional standing
Punitive Damages
- Additional damages to punish employer for malice, oppression, or fraud
- Available only for discrimination and retaliation claims (not contract claims)
- Requires clear and convincing evidence of employer misconduct
Remedial Relief
- Reinstatement to former position (if feasible and desired)
- Injunctive relief requiring policy changes and training
Attorney Fees and Court Costs
- FEHA and Labor Code whistleblower claims allow recovery of attorney fees
- If you win, employer pays your attorney fees
- If employer wins, you generally do not pay their fees
How to Protect Your Rights Before and After Termination
Before Termination (If You Suspect It Is Coming)
- Document all performance reviews, especially positive ones
- Save emails and communications showing your good performance
- Record any discriminatory or retaliatory comments (contemporaneous notes)
- Request copies of your personnel file (you have a legal right to inspect)
- Do not sign any severance agreement or release without legal review
- Consult with an attorney before termination if possible
After Termination
- Request a written termination letter with specific reasons
- Obtain your final paycheck (must be immediate if fired)
- Request copies of your personnel file and payroll records
- Preserve all evidence (emails, texts, performance reviews)
- Write down everything you remember about the termination
- Contact an attorney immediately deadlines are short
- File for unemployment insurance (denial may be evidence)
- Do not sign anything from your former employer without legal review
For a deeper understanding of federal protections against employer retaliation, you can explore the U.S. Equal Employment Opportunity Commission (EEOC) guidelines.
How Employment Attorneys Help with Wrongful Termination Claims
Case Evaluation and Investigation
- Reviewing termination facts, employment history, and company policies
- Identifying all potential claims (discrimination, retaliation, public policy, contract)
- Assessing evidence strength and damages potential
- Determining applicable statutes of limitations
Administrative Filings
- Filing CRD complaints and requesting right-to-sue notices
- Filing EEOC charges when appropriate
- Preserving federal and state claims
Complaint and Litigation
- Drafting and filing complaint in court
- Conducting discovery (document requests, depositions, interrogatories)
- Defeating employer motions to dismiss or for summary judgment
- Representing you at mediation, arbitration, or trial
Settlement Negotiation
- Calculating full economic and non-economic damages
- Negotiating with employer’s legal team or insurance carriers
- Structuring settlement to maximize after-tax recovery
At setarehlaw, our wrongful termination lawyers are dedicated to protecting workers who have been unfairly pushed out of their jobs.
Why Choose Setareh Law for Wrongful Termination Claims
- Proven Track Record: Recovered millions for workers illegally terminated
- Comprehensive Expertise: Discrimination, retaliation, public policy, and breach of contract claims
- Agency Experience: Skilled in CRD, EEOC, and Labor Commissioner filings
- Trial-Ready: Not afraid to take cases to trial when employers refuse fair settlements
- Maximize Recovery: Lost wages, emotional distress, punitive damages, and attorney fees
- No Recovery, No Fee: Free initial consultation with contingency representation
- Detailed Guidance: Walk you through every step of the legal process
Areas We Serve Across California
Counties: Los Angeles | Orange County | San Diego | Riverside | San Bernardino | Ventura | Santa Barbara | San Francisco | Alameda | Contra Costa | Sacramento | San Joaquin | Fresno | Kern | Stanislaus | Tulare | Monterey | Santa Clara | and every other county in the state.
Cities: Los Angeles, Long Beach, Glendale, Pasadena, Irvine, Anaheim, Riverside, San Bernardino, Ontario, San Diego, Chula Vista, Oceanside, Escondido, San Francisco, Oakland, San Jose, Fremont, Sacramento, Bakersfield, Stockton, and hundreds more.
FAQ's: how to file wrongful termination claim
What is the difference between at-will employment and wrongful termination?
At-will means employers can fire for any reason or no reason but not for an illegal reason. Wrongful termination is firing for an illegal reason.
How long do I have to file a wrongful termination claim?
It depends on the type of claim: 1 year for CRD complaints (discrimination/retaliation), 2 years for FEHA lawsuits, 2 years for public policy claims, 3 years for breach of contract. Deadlines are strict.
Do I need to file with a government agency before suing?
For discrimination and FEHA retaliation claims yes. For public policy and breach of contract claims no, you can sue directly.
Can I sue for wrongful termination if I signed an arbitration agreement?
You may still have claims, but they may need to proceed in arbitration instead of court. An attorney can evaluate your agreement.
What damages can I recover if I win?
Lost wages, lost benefits, emotional distress damages, punitive damages (in some cases), and attorney fees.
How long does a wrongful termination lawsuit take?
Most cases take 12-24 months to resolve, sometimes longer if appeals are filed. Many cases settle before trial.
Can I be fired for reporting illegal activity at work?
No. That is whistleblower retaliation and is illegal under California Labor Code 1102.5.
What if I was fired but my employer says it was for performance?
Your attorney can challenge that reason by showing evidence of good performance, discriminatory comments, or inconsistent treatment.
Do I need a lawyer for a wrongful termination claim?
Yes. Wrongful termination cases are legally complex with strict deadlines. A lawyer significantly improves your chances of recovery.
Take the Next Step
Contact us today:
📞 Phone: 310-888-7771
✉️ Email: help@setarehlaw.com
🌐 Address: 420 N Camden Dr, Beverly Hills CA, 90210
Disclaimer: This information is provided for educational purposes and does not constitute legal advice. Each case is unique, and outcomes depend on specific facts and circumstances. Consult with a qualified California employment attorney to discuss your individual situation.
Practice Areas:
Table of Contents
- verified by Trustindex
