Average Wrongful Termination Settlements in California
Average wrongful termination settlements in California are typically between $30,000 and $300,000, but the final amount can vary significantly based on the circumstances of the case.
Despite this average, we recently closed a $1,400,000 wrongful termination settlement for a client in Los Angeles, demonstrating how tailored legal representation can achieve exceptional outcomes.
If you believe you’ve been wrongfully terminated, our California wrongful termination lawyers are here to help. Contact us today for a free consultation to discuss your case and secure the compensation you deserve.
Below are examples of wrongful termination payout ranges by type:
- Disability: $50,000–$150,000
- Workers comp: $40,000–$120,000
- Discrimination: $75,000–$200,000
- Retaliation: $50,000–$150,000
- Breach of contract: $30,000–$100,000
- Violation of public policy termination: $70,000–$200,000
- Constructive discharge: $40,000–$120,000
- Termination for refusing to commit illegal acts: $100,000–$300,000
- Termination for whistleblowing: $80,000–$250,000
- Termination in violation of company policies: $50,000–$120,000
Typical factors that can influence these amounts are:
- Nature of the termination
- Evidence supporting your claim
- Legal protections against wrongful termination in California
- Lost wages and benefits
- Emotional distress damages
- Reputational harm
- Employer’s size and resources
- Strength of legal representation
- Applicable laws and precedents
- Mitigation of damages
- Risk of going to trial
Facing wrongful termination can be overwhelming, especially when retaliation or discrimination is involved. If you don’t take action, you risk losing compensation for lost wages, emotional distress, and benefits, while allowing your employer’s actions to impact your reputation and future job prospects.
Pursuing your claim protects your rights, helps secure future career opportunities, and holds employers accountable to prevent future misconduct. Our wrongful termination lawyers are here to guide you every step of the way.
Grounds for wrongful termination in California
Wrongful termination occurs when an employer fires an employee for reasons prohibited under state or federal law. Below are the key grounds for wrongful termination:
- Discrimination: Employers cannot fire employees based on protected characteristics like race, gender, age (40+), religion, disability, pregnancy, or national origin.
- Retaliation: Employees are protected from termination for reporting discrimination, harassment, wage violations, or unsafe conditions under California Labor Code Section 1102.5.
- Refusal to commit illegal acts: Employees cannot be fired for refusing to perform unlawful activities, as protected under California Labor Code Section 2856.
- Filing a workers’ compensation claim: Retaliation for filing a workers’ compensation claim after a workplace injury is illegal under California Labor Code Section 132a.
- Participation in protected activities: Activities like union membership, voting, or political speech are safeguarded under California Government Code Section 12940.
- California WARN Act: Employers must give 60 days’ notice for mass layoffs or facility closures affecting 50+ employees; failing to do so can lead to wrongful termination claims.
- Violation of implied or written contracts: Terminations that breach implied or written agreements in handbooks or verbal assurances may be unlawful.
- Constructive termination: Creating intolerable working conditions that force an employee to resign may also be grounds for a claim.
California’s laws provide strong protections for employees. If you believe your termination violated these rights, our Huntington Beach wrongful termination lawyer will guide you through every step of the process, from gathering evidence to negotiating a settlement. Let us fight for your rights and help you achieve the justice you deserve.
Wrongful termination lawsuit payout averages in more detail
Wrongful termination settlements vary widely based on the nature of the termination, the damages incurred, and the strength of the case. Below is a breakdown of common types of wrongful termination cases in California, along with typical settlement ranges and factors influencing these amounts.
Wrongful termination due to disability settlements
Settlements for wrongful termination due to disability generally range from $50,000 to $150,000, with some cases reaching higher amounts if significant damages are involved. These payouts often include compensation for lost wages, emotional distress, and punitive damages.
Employers who fail to provide reasonable accommodations or unlawfully terminate employees due to a disability violate state and federal laws, such as the California Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA). Courts often consider the extent of the employer’s violation and the resulting harm to the employee.
Workers comp wrongful termination settlement
Workers’ compensation retaliation cases often settle for amounts between $40,000 and $120,000. These claims involve employees being fired for filing or intending to file workers’ compensation claims after a workplace injury.
California law prohibits retaliation against injured workers, but proving this violation often requires substantial evidence, such as documentation of retaliatory actions. Settlements may also consider additional damages like loss of future earning potential or emotional distress.
Discrimination-based wrongful termination payout in California
Discrimination-based wrongful termination settlements typically fall between $75,000 and $200,000, depending on the severity and type of discrimination. Race, gender, age, and pregnancy are common grounds for these claims in California.
State laws, like FEHA, provide strong protections for employees who experience discriminatory terminations. Courts and employers often consider the impact on the employee’s career, the emotional toll, and any punitive damages needed to deter similar behavior.
Retaliation-based wrongful termination case settlement amounts
Settlements for retaliation-based claims typically range from $50,000 to $150,000, depending on the evidence and damages involved. Retaliation often occurs when employees report harassment, unsafe work conditions, or other legal violations.
These cases hinge on proving a connection between the protected activity and the termination. Compensation may include lost wages, emotional distress, and punitive damages to address the employer’s misconduct.
Breach of contract average settlement for wrongful termination
Wrongful termination involving a breach of contract often results in settlements between $30,000 and $100,000, primarily focused on financial losses. These cases address situations where employers fail to honor written or implied employment agreements.
Recoverable damages typically include unpaid wages and benefits, along with compensation for the remaining duration of the contract. Strong evidence of the contract’s terms is critical for favorable outcomes.
Violation of public policy termination
Public policy violations often lead to settlements between $70,000 and $200,000. These cases involve employees being terminated for refusing to violate laws or for exercising legal rights, such as voting or reporting safety violations.
California courts take such violations seriously, as they undermine societal standards. Settlements often include compensation for lost wages, reputational damage, and punitive measures to prevent future violations.
Constructive discharge
Constructive discharge cases typically result in payouts ranging from $40,000 to $120,000. These claims arise when employees are forced to resign due to intolerable workplace conditions, such as harassment or excessive workload.
The challenge in these cases is proving that the working environment was so severe it effectively amounted to a termination. Successful claims often provide detailed evidence of the hostile conditions and their impact on the employee’s well-being.
Termination for refusing to commit illegal acts
Employees terminated for refusing to commit illegal acts often receive settlements between $100,000 and $300,000, depending on the case’s severity. These cases emphasize the importance of ethical behavior and compliance with the law.
Courts assess the nature of the illegal act, the employer’s pressure on the employee, and the resulting damages. Higher payouts often reflect the employee’s courage in standing up against unlawful practices.
Termination for whistleblowing
Whistleblower wrongful termination cases frequently result in settlements ranging from $80,000 to $250,000. These claims involve employees being fired for exposing illegal or unethical actions by their employer.
California’s whistleblower protection laws, such as those under the Labor Code, provide strong remedies for affected employees. Compensation typically covers lost wages, reputational damage, and emotional distress, as well as punitive damages to hold employers accountable.
Termination in violation of company policies
Settlements for terminations that violate company policies average $50,000 to $120,000, depending on the specifics of the case. These claims arise when employers fail to adhere to their own employment procedures or codes of conduct.
Documentation of policy violations, such as failing to follow progressive discipline procedures, is often key to these cases. Employees may recover compensation for lost wages, benefits, and the personal impact of the termination.
Factors that affect wrongful termination settlement amounts
Several key factors influence the settlement amount in wrongful termination cases in California. Understanding these factors can help you evaluate your claim’s potential value and prepare effectively for negotiations or litigation.
Nature of the termination
Cases involving blatant violations of anti-discrimination laws or retaliation for protected activities often result in higher settlements.
If your termination was due to an employer’s discriminatory practices, retaliation, or refusal to honor a contract, your settlement may include compensation for both financial losses and emotional distress. Courts also consider whether the employer’s actions were malicious or reckless, potentially awarding punitive damages.
Evidence supporting your claim
Strong evidence is vital for maximizing your settlement. This includes documentation like termination letters, performance reviews, emails, or witness statements that support your allegations.
A well-documented case not only strengthens your legal position but also pressures the employer to settle rather than risk a more costly trial. Without solid evidence, proving wrongful termination and negotiating a favorable settlement becomes much more challenging.
Legal protections against wrongful termination in California
California’s labor laws, including the Fair Employment and Housing Act (FEHA) and the California Labor Code, provide strong protections for employees. These laws prohibit employers from engaging in discriminatory, retaliatory, or otherwise unlawful terminations.
FEHA specifically safeguards employees against discrimination based on characteristics like race, gender, disability, and age. It also protects against retaliation for whistleblowing or filing complaints. These legal frameworks empower employees to seek justice and secure fair settlements in wrongful termination cases.
Lost wages and benefits
The financial impact of your termination plays a central role in determining the settlement amount. Lost wages, unpaid benefits, and any future earnings affected by the termination are carefully calculated.
If your termination disrupted your career trajectory or caused you to miss out on opportunities for promotions or raises, these factors may increase your settlement. Courts often consider how long it took or will take you to find comparable employment.
Emotional distress damages
This type of damage covers the psychological impact of losing your job, such as stress, anxiety, or depression resulting from the termination.
To claim emotional distress damages, employees must often provide supporting evidence, such as medical records, therapy notes, or personal testimony. These damages emphasize the importance of addressing the mental health toll wrongful termination can take.
Reputational harm
Wrongful termination can also damage your professional reputation, making it harder to secure comparable employment. This type of harm is particularly relevant for employees in specialized fields or senior positions where reputation plays a critical role.
Settlements may include compensation for lost opportunities, diminished career prospects, and the effort required to rebuild your professional standing. Employers may offer higher payouts to address the lasting impact of reputational harm.
Employer’s size and resources
The size and financial resources of your employer can influence your settlement. Larger companies with extensive resources may be willing to offer higher settlements to avoid prolonged legal battles and reputational damage.
Conversely, smaller companies may lack the financial means for significant payouts, potentially limiting the settlement amount. However, our strong legal representation will still help you secure fair compensation regardless of the employer’s size.
Strength of legal representation
Having experienced legal counsel is one of the most important factors in determining the outcome of your case. Our skilled lawyers will negotiate effectively, gather compelling evidence, and present a strong case that maximizes your compensation.
Employers often take claims more seriously when the employee has credible legal representation. This can lead to quicker settlements and higher payout offers, as employers aim to resolve disputes efficiently.
Applicable laws and precedents
Legal precedents in California set by similar wrongful termination cases play a significant role in settlement negotiations. Courts and employers often refer to these precedents when evaluating the strength of claims and the potential settlement amounts.
California’s employment laws, particularly FEHA, provide additional leverage to employees, offering protection against discriminatory or retaliatory actions. These legal safeguards influence how cases are evaluated and resolved.
Mitigation of damages
California law requires employees to make reasonable efforts to mitigate their damages after termination, such as seeking new employment. If you can show that you actively pursued comparable work, this will strengthen your claim for lost wages.
Failing to mitigate damages could reduce your settlement amount. Employers may argue that the financial impact of your termination was lessened by new employment or other income sources.
Risk of going to trial
Both parties often consider the risks and costs of litigation when negotiating a settlement. Employers may offer higher payouts to avoid the uncertainties of a trial, especially if your case is strong.
Similarly, employees may accept a settlement that avoids the time, stress, and expense of prolonged legal proceedings. Balancing these risks is a key part of settlement discussions.
If you’re looking for experienced representation, our Torrance wrongful termination attorney is ready to stand by your side. Don’t wait—reach out today for a free consultation and take the first step toward justice.
Types of compensation available for wrongful termination
If you’ve been wrongfully terminated, our experienced attorneys will help you pursue the following types of compensation:
- Lost wages: This includes back pay (wages lost from the date of termination to the settlement) and front pay (future wages lost if reinstatement isn’t possible). Calculations consider your salary, bonuses, and other income from your former role, as well as the duration of unemployment. Factors like your age, job type, and industry conditions may also affect this amount.
- Lost benefits: Compensation for out-of-pocket costs for healthcare, retirement contributions, or other benefits you lost due to termination. This includes premiums paid for health insurance and missed retirement plan contributions.
- Emotional distress: Damages for the psychological impact of the termination, such as stress, anxiety, or depression. Courts may consider therapy costs or evidence of emotional suffering to determine the award.
- Punitive damages: Awarded in cases of malicious or egregious misconduct by the employer to punish their actions and deter similar behavior. These are typically calculated based on the severity of the employer’s actions.
How damages are calculated
Determining the total compensation for wrongful termination involves evaluating multiple factors:
- Salary and benefits: Annual compensation, including bonuses and raises, forms the basis for back pay and front pay.
- Job search efforts: Courts may adjust awards based on your efforts to find a new job (mitigation of damages).
- Personal circumstances: Age, education level, work experience, and the time it may take to secure comparable employment can influence calculations.
Eligibility for these damages requires a thorough analysis of your unique circumstances. At Feher Law, we specialize in evaluating the details of your case and ensuring you receive the maximum compensation allowed under California law.
Is pursuing a wrongful termination lawsuit worth it?
Many employees hesitate to pursue a lawsuit due to concerns about stress, expenses, and time. However, a wrongful termination claim can provide more than financial compensation—it can restore your sense of justice, protect your career reputation, and hold employers accountable.
While the process can feel daunting, our experienced attorneys offer a free consultation to review your unique situation, assess your case, and advise you on the best path forward. Contact us today to take the first step toward securing the justice you deserve.
How we support you in filing a wrongful termination claim
Filing a wrongful termination claim can feel overwhelming, but at Feher Law, we’re here to guide you through every step of the process. Our team has extensive experience handling wrongful termination cases, and we’ll work closely with you to build a strong claim and pursue the compensation you deserve. Here’s how we’ll support you:
1. We’ll evaluate your case
The first step is understanding your unique situation. During a free consultation, we’ll assess the details of your termination, explain your rights under California law, and outline the legal options available to you. Our goal is to ensure you feel confident and informed about the next steps.
2. We’ll help you gather evidence
Building a strong case starts with the right evidence. We’ll help you identify and preserve critical documentation, such as emails, performance reviews, and termination letters. If witnesses are involved, we’ll work to gather their statements and ensure your evidence demonstrates the unlawful reasons for your termination.
3. We’ll handle your complaint filing
Filing with the appropriate agency can be complicated, but we’ll manage the entire process for you. Whether your claim is submitted to the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH), we’ll ensure all forms are completed accurately and on time, so your case moves forward without delays.
It’s important to act quickly, as the statute of limitations for filing a wrongful termination claim varies depending on the type of violation. For example, complaints with the EEOC must generally be filed within 180 days, while claims with the California DFEH often have a one-year deadline.
4. We’ll negotiate on your behalf
Many wrongful termination cases can be resolved through mediation or settlement negotiations. We’ll advocate on your behalf to secure a fair settlement that compensates you for lost wages, benefits, emotional distress, and more.
5. We’ll represent you in court if necessary
If settlement negotiations don’t result in a satisfactory outcome, we’ll take your case to court. Our attorneys have the experience and dedication to fight for your rights in front of a judge or jury, ensuring your case is presented with strength and precision.
Contact us at Feher Law today for tailored legal advice related to your claim
If you’ve been wrongfully terminated, our experienced team at Feher Law is here to help. We understand the complexities of employment law in California and are committed to securing the compensation you deserve while protecting your rights and future.
Reach out to us today for a free consultation:
- Phone: (866) 646-6676
- Contact form
Don’t wait—take the first step toward justice by contacting Feher Law today.
FAQs
What is the burden of proof for wrongful termination in California?
The burden of proof requires employees to show their termination violated California laws, such as discrimination or retaliation protections. This often involves presenting evidence like emails, witness statements, or performance reviews that demonstrate unlawful motives behind the termination.
Can you get punitive damages for wrongful termination in California?
Yes, punitive damages may be awarded in California if the employer’s actions were malicious, oppressive, or fraudulent. These damages are intended to punish the employer and deter similar behavior in the future, especially in cases of egregious misconduct.
How long does a wrongful termination lawsuit take in California?
A wrongful termination lawsuit in California typically takes several months to a few years, depending on factors like case complexity, court schedules, and whether it goes to trial. Many cases are resolved through settlement before reaching court.
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