How to Sue for Wrongful Termination

While employers have the right to terminate employees for legitimate reasons, sometimes termination crosses the line and becomes illegal. If you believe you were wrongfully terminated, you have the right to take legal action. 

From documenting your situation and gathering evidence to consulting with an attorney, this guide will outline the steps you can take to sue for wrongful termination. 

Understanding Wrongful Termination 

Wrongful termination occurs when an employee is fired in violation of federal or state employment laws, an employment contract, or public policy. Common examples include: 

• Discrimination based on race, gender, age, disability, religion, or other protected characteristics 
• Retaliation for reporting harassment, unsafe work conditions, or illegal activities 
• Violation of an employment contract or company policy 
• Termination that breaches public policy, such as firing for serving on a jury or taking family leave 
  
  

Understanding the reason for your termination is the first step in determining whether you have a case. 

Steps to Sue for Wrongful Termination 

Step 1: Document Everything 

Before taking any legal action, gather as much evidence as possible. Documentation is critical in wrongful termination cases because it helps prove your claims. Key items to collect include: 

• Employment contracts or offer letters 
• Employee handbooks and company policies 
• Performance reviews and records of achievements 
• Emails, messages, or memos related to your termination 
• Witness statements from coworkers, if available 
  
  

Keep a detailed timeline of events leading up to your termination. The more organized your documentation, the stronger your case will be. 

Step 2: Review Your Legal Options 

It’s necessary to understand your rights under both federal and state law. Some notable federal laws that provide protection include: 

• Title VII of the Civil Rights Act: prohibits discrimination based on race, color, religion, sex, or national origin 
• Americans with Disabilities Act (ADA): protects employees with disabilities 
• Age Discrimination in Employment Act (ADEA): protects employees over 40 from age discrimination 
  
  

State laws can offer more protections than federal rules. For example, they may protect workers from wrongful termination for reporting wage issues or safety problems at work. Some of these California state laws include: 

• California Labor Code §1102.5 (Whistleblower Protection): protects employees who report violations of state or federal laws, regulations, or rules to a government agency or a supervisor. It’s illegal for employers to retaliate against workers who speak up about unsafe working conditions, wage theft, or other unlawful acts. 
• California Labor Code §98.6: prohibits retaliation against employees who file wage claims or complaints with the Labor Commissioner. Workers cannot be fired, demoted, or otherwise punished for asserting their rights related to pay or working conditions. 
• California Family Rights Act (CFRA): similar to the federal Family and Medical Leave Act (FMLA), CFRA allows eligible employees to take job-protected leave for family or medical reasons. It also provides broader coverage in some areas, such as including domestic partners and certain family members not covered under FMLA. 

Step 3: Consult an Experienced Employment Attorney and File a Complaint 

Before taking any formal action, it’s important to speak with an experienced employment attorney. Wrongful termination cases are complex, with strict deadlines and nuanced laws that vary by state and by type of claim. An attorney can: 

• Assess the strength of your case 
• Determine the appropriate agency or court to file with 
• Calculate potential damages such as lost wages, emotional distress, and punitive damages 
• Guide you through negotiations or settlements with your former employer 
  
  

In many cases, you will need to file a complaint with a government agency before you can move forward with a lawsuit. For example: 

• Equal Employment Opportunity Commission (EEOC): handles discrimination and retaliation claims 
• State labor departments or fair employment agencies: handle state-level violations 

An attorney can help ensure you file correctly and on time. After reviewing your complaint, the agency may investigate or issue a “right-to-sue” letter, which allows you to take your case to court. 

Step 4: Consider Alternative Dispute Resolution 

Before filing a lawsuit, consider whether mediation or arbitration is appropriate. Some employment contracts require these steps before going to court. These processes can be faster and less expensive than litigation while still providing an opportunity to recover damages. 

Step 5: File a Lawsuit 

If alternative dispute resolution does not work, your lawyer will help you file a wrongful termination lawsuit in court. This process generally involves: 

1. Drafting a complaint that outlines your claims and desired compensation 
2. Serving the complaint to your former employer 
3. Engaging in discovery, where both parties exchange evidence and information 
4. Negotiating a settlement or proceeding to trial 
   
   

Keep in mind that most wrongful termination cases are resolved through settlements rather than trials, but going to court may be necessary if your employer refuses to settle fairly. 

Step 6: Prepare for the Outcome 

Suing for wrongful termination can take time, often several months and sometimes up to a few years, depending on the complexity of the case. While a successful lawsuit can result in compensation for lost wages, benefits, and emotional distress, it’s important to manage expectations and understand the process may be lengthy. 

Taking these steps and having an experienced wrongful termination attorney on your side increases your chances of successfully pursuing a wrongful termination claim. 

Note: The above article does not constitute legal advice.