Overview
Filing a wrongful termination lawsuit in California requires following specific procedures and meeting strict deadlines. This guide covers the complete process from termination to settlement or trial.
Step 1: Document Your Termination Immediately
Timeline: Within 24 hours of termination
What to do:
- Write down exact date, time, location of termination
- Record who terminated you and what was said verbatim
- Save termination letter, if provided
- Collect all employment documents (contracts, handbooks, reviews, emails)
- Take photos/screenshots of relevant communications
Why important: Memory fades. Contemporaneous documentation is most credible in court.
Step 2: Determine If You Have a Valid Claim
Timeline: Within 7 days
Valid California wrongful termination claims:
- Discrimination: Fired due to race, gender, age (40+), disability, religion, national origin, sexual orientation
- Retaliation: Fired for reporting violations, filing workers comp, whistleblowing
- Contract violation: Fired despite written/implied employment contract
- Public policy: Fired for refusing illegal acts, jury duty, voting
- FMLA/CFRA: Fired for taking protected family/medical leave
Not valid: California is “at-will” – employers can fire for any non-illegal reason or no reason.
Step 3: File DFEH/CRD Complaint (If Applicable)
Timeline: Within 3 years of termination (discrimination/harassment claims)
Required for: Discrimination, harassment, retaliation claims under FEHA
Where to file: California Civil Rights Department (CRD, formerly DFEH)
Process:
- Complete online complaint form: calcivilrights.ca.gov
- CRD investigates (6-12 months)
- CRD issues “Right to Sue” notice
- You have 1 year from notice to file lawsuit
Note: You can request immediate Right to Sue (no investigation) to file lawsuit faster.
Step 4: Consult Employment Attorney
Timeline: Within 30 days of termination (earlier is better)
Why hire attorney:
- Average settlement WITH attorney: $125,000
- Average settlement WITHOUT attorney: $15,000
- Attorneys work on contingency (no upfront cost)
- Employer pays attorney fees if you win
What attorney will do:
- Evaluate case strength (free consultation)
- Handle CRD filing
- Negotiate with employer
- File lawsuit if necessary
- Represent you through trial
Free consultation: (877) 619-8966
Step 5: Demand Letter or Lawsuit Filing
Timeline: 60-180 days after termination
Option A: Demand Letter
- Attorney sends letter demanding settlement
- States legal violations and damages
- Gives employer 30 days to respond
- 60% of cases settle after demand letter
Option B: File Lawsuit
- File in Los Angeles Superior Court or federal court
- Serve employer with complaint
- Employer has 30 days to respond
- Discovery process begins
Step 6: Discovery and Mediation
Timeline: 6-18 months
Discovery process:
- Exchange documents (emails, personnel files, policies)
- Depositions (sworn testimony)
- Interrogatories (written questions)
Mediation:
- Court-ordered or voluntary negotiation
- Neutral mediator facilitates settlement
- 85% of cases settle at mediation
- Average LA County settlement: $125,000
Step 7: Trial or Final Settlement
Timeline: 24-48 months from filing
If case goes to trial:
- Jury trial (12 jurors in California)
- Both sides present evidence and witnesses
- Jury deliberates and returns verdict
- Average LA County jury verdict: $1.2 million
- Recent verdicts: $27.5M (nursing discrimination), $12.3M (age discrimination)
Settlement after trial preparation:
- Many cases settle “on courthouse steps”
- Settlements increase as trial nears
- Average pre-trial settlement: $150,000-$300,000
California Wrongful Termination Statute of Limitations
| Claim Type | Deadline to File | Legal Basis |
|---|---|---|
| Discrimination (FEHA) | 3 years (CRD) + 1 year (lawsuit) | Gov Code § 12960 |
| Contract Breach (written) | 4 years | CCP § 337 |
| Contract Breach (oral) | 2 years | CCP § 339 |
| Fraud | 3 years | CCP § 338(d) |
| Public Policy Violation | 2 years | CCP § 335.1 |
Damages Available in Wrongful Termination Cases
- Back pay: All lost wages from termination to settlement/verdict
- Front pay: Future lost wages (if reinstatement impossible)
- Emotional distress: $50,000-$500,000+ depending on severity
- Punitive damages: If employer acted maliciously (can be millions)
- Attorney fees: Employer pays if you win (California law)
Los Angeles Wrongful Termination Statistics 2024-2025
- Cases filed: 3,847 employment complaints in LA County
- Average settlement: $125,000
- Average jury verdict: $1.2 million
- Time to settlement: 18-24 months
- Settlement rate: 85% of cases settle (do not go to trial)
Last Updated: October 2025
Sources: California Civil Rights Department, LA Superior Court, Employment Law Handbook
Free Consultation – Los Angeles Employment Attorney
Call: (877) 619-8966
Email: info@toddflaw.com
Location: Los Angeles, California
Over $100 million recovered for California workers. No upfront fees – we work on contingency.
