What to Expect During the Legal Process of a Wrongful Termination Case

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Losing a job is never easy, but being fired under unfair circumstances can be devastating. If you believe you were wrongfully terminated, you’re likely feeling a mix of emotions—anger, confusion, and even fear of what comes next. The good news is that you don’t have to navigate this alone. Law offices for wrongful termination in Los Angeles can help you understand your rights, guide you through the legal process, and hold your former employer accountable. But what exactly does this legal process entail? Let’s walk through what you can expect from filing a wrongful termination case in California.

1. Evaluating Your Case

The first step in the legal process is determining whether you have a valid wrongful termination claim. While California operates under an “at-will” employment system, this doesn’t give employers absolute power to fire employees for any reason. Exceptions exist, and wrongful termination occurs when an employee is fired for illegal reasons, such as:

  • Discrimination (based on race, gender, age, disability, sexual orientation, etc.)
  • Retaliation (for reporting unsafe work conditions, illegal activities, or sexual harassment)
  • Breach of contract (if your employer violated a written or implied contract)
  • Violation of public policy (firing someone for taking legally protected actions, like taking family leave or jury duty)

When you meet with an employment termination law firm, they will typically start by evaluating your case. They’ll ask questions to understand the details of your firing and any evidence you might have. California law requires that a prima facie case—a preliminary showing that discrimination, retaliation, or another illegal reason led to your firing—be established before moving forward. This means you’ll need to present initial evidence showing a potential violation of employment law, which will shift the burden of proof to the employer to defend their actions.

Portrait of a determined middle-aged woman in business attire, representing age discrimination cases in wrongful termination.

2. Filing a Claim

Once your attorney has determined that you have a valid case, the next step is filing a claim. In California, wrongful termination cases often start with filing a complaint with a state agency, such as the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).

These agencies investigate claims of discrimination or retaliation, and in many cases, they are required to issue a “right to sue” letter before you can pursue a lawsuit. The statute of limitations—the timeframe you have to file a claim—can vary depending on the type of wrongful termination claim. For instance, in discrimination cases, you generally have one year to file with the DFEH.

3. Gathering Evidence

During the legal process, your law offices for wrongful termination will gather evidence to build your case. This is known as the discovery phase and is one of the most critical steps in the process. Your attorney may collect:

  • Documents and records: Anything from your employment file to internal emails or policies that may support your claim.
  • Witness testimony: Colleagues or others who can confirm that your firing was unjust may be asked to provide statements.
  • Company records: Employment policies, past wrongful termination lawsuits, or company communications that reveal discriminatory practices.

Collecting this evidence can be challenging, especially if your employer is uncooperative or if you’re dealing with a hostile work environment. In some cases, employees face retaliation even after filing their claims. This is why it’s crucial to work closely with your lawyer, who can help navigate these hurdles and gather the necessary documents through formal legal processes such as subpoenas.

4. Settlement Discussions

A large majority of wrongful termination cases are settled outside of court, but settlements aren’t always guaranteed. While both sides may prefer to avoid a lengthy and costly trial, some cases may not reach a settlement, especially if the evidence is strong and the employer is unwilling to negotiate fairly.

In cases where the employer believes their actions were justified, or if they refuse to admit any wrongdoing, going to trial may be the only viable option. During settlement discussions, your attorney will negotiate on your behalf to secure a fair agreement. Settlements can include compensation for lost wages, benefits, emotional distress, and potentially punitive damages if your employer’s actions were particularly harmful. However, if negotiations break down or the settlement offered isn’t fair, your case could proceed to trial.

5. Going to Trial

If a settlement can’t be reached, your case may go to trial. Trials involve several stages, including presenting evidence and witness testimonies. One important legal concept during this phase is the preponderance of the evidence, which is the standard of proof in most civil cases. It means that to win your case, your evidence must show that it’s more likely than not that wrongful termination occurred.

Trials also involve common legal terms such as burdens of proof, which can shift between parties. For example, after you establish your prima facie case, the employer must prove their firing decision was legal. If they do so, the burden shifts back to you to show that the employer’s reasons were a pretext for illegal behavior.

The complexities of a trial can make this stage feel overwhelming, but your lawyer will guide you through the process, making sure your case is presented effectively.

6. Receiving a Verdict and Compensation

If the jury rules in your favor, you could be awarded compensation for several types of damages, including:

  • Lost wages and benefits: Back pay for the time you were unemployed and any benefits you would have received.
  • Emotional distress: Compensation for the stress and anxiety caused by the wrongful termination. To prove emotional distress, you’ll need to demonstrate through evidence—such as therapy records, personal testimony, or expert witnesses—the impact your firing had on your mental and emotional well-being.
  • Punitive damages: In some cases, the court may order punitive damages, which are meant to punish your employer for particularly harmful or malicious behavior.

However, some of these damages, like punitive or emotional distress compensation, can be difficult to prove, requiring extensive evidence and expert testimony.

7. The Impact of California Laws

California is known for its employee-friendly labor laws, which are some of the strongest in the country. Los Angeles, in particular, has a dynamic labor market and diverse workforce, but that also means wrongful termination cases are relatively common. California operates under an “at-will” employment system, but employers cannot fire you for illegal reasons, and courts in Los Angeles take these claims seriously.

California laws, especially the Fair Employment and Housing Act (FEHA), provide strong protections against discrimination and retaliation, and working with reputable law offices for wrongful termination ensures you have experts who understand the nuances of local employment laws.

Conclusion

Navigating a wrongful termination case can feel overwhelming, especially when you’re dealing with the emotional and financial fallout of losing a job. However, understanding the legal process and working with experienced law offices for wrongful termination can make all the difference. From evaluating your case to potentially going to trial, each step is designed to help you seek justice and recover what you’ve lost.

If you’ve recently been fired and suspect wrongful termination, don’t wait to take action. Speak to an employment termination law firm as soon as possible to protect your rights and begin the process of rebuilding your future.