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How Often Are Wrongful Termination Cases Won in California?

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Last Modified on May 16, 2024

Wrongful termination cases in California succeed often, but there’s no single “win rate” that applies to every case. Trial studies of California employment cases show plaintiffs win roughly 50% of the time at trial, and most cases settle before ever reaching a jury. Your odds depend heavily on the strength of your evidence and whether you’re represented by an attorney. California also just expanded protections in 2026 — including a new claim-revival window under AB 250 for terminations tied to a covered-up sexual assault report.

Wrongful terminations can be incredibly stressful for the employee who was unlawfully let go. While California is an at-will state when it comes to employment, this does not mean that a business owner can dismiss someone from their place of work due to the worker’s protected characteristic. If you’re wondering how often wrongful termination cases are won in California, the honest answer is: it depends heavily on your evidence, but the odds are better than most people assume. Research on California employment trials has found plaintiffs winning roughly half the time at trial, and the large majority of cases settle before trial ever happens.

Wrongful Termination Outcomes in California

Wrongful termination typically stems from discriminatory actions. Your employment attorney needs to initiate an administrative complaint concerning your wrongful dismissal before pursuing a civil lawsuit against the employer who terminated your employment.

Your Los Angeles attorney can investigate the unethical conduct, as well as determine the extent of damages you have suffered due to someone else’s actions. The good news is that California law is very employee-friendly.

Your California workplace attorney can handle much of the process legal process for you. Once the proper paperwork has been filed, your lawyer will keep you updated on the complaint process. Your lawyer will explain the settlement process. Once a settlement offer has been made, your wrongful termination lawyer will provide counsel on whether you should accept the settlement offer or not.

What Constitutes Wrongful Termination in California?

Employers do have the right to terminate any worker without notice, but they cannot do so in violation of state or federal law. No worker can be terminated for exercising their protected rights, for example. One common form of wrongful termination involves discrimination.

Proving wrongful termination often involves hiring a labor law lawyer who gathers evidence that builds a case against the employer. Emails, past performance reviews, witness statements, your testimony, and other forms of evidence can be presented in court to show that a termination was unlawful. Here are some common examples of wrongful terminations in California:

  • Discrimination: Firing an employee based on protected characteristics such as pregnancy, race, gender, religion, age, disability, or sexual orientation violates state and federal laws.
  • Retaliation: Terminating an employee in retaliation for exercising their legal rights, such as filing a complaint about wage or workplace safety violations, is unlawful. Any such act can place the employer in violation of state and federal laws.
  • Breach of contract: Firing an employee in violation of an employment contract is known as a breach of contract. This can include written or implied agreements between the worker and employer. Past communications between the worker and employer can be used to show that there was an implied agreement that was later violated.
  • Violation of public policy: Dismissing an employee for reasons that contravene public policy can be an example of a wrongful termination. One example would be an employer firing someone because they refused to engage in illegal activity, such as agreeing to cover up a dangerous work environment.
  • Failure to accommodate: Firing an employee who has requested reasonable accommodations for a disability or medical condition is unlawful. Often, workers who are injured on the job may come back to work with certain work-related limitations or after necessary medical leave.

Your wrongful termination lawyer can help you secure compensation for your suffering, which may come in the form of a lump-sum settlement offer, reinstatement at your former place of work, or both. The type of compensation varies for each case, contingent upon the extent of harm endured due to the wrongful termination.

LawWhat It DoesWhy It Matters
AB 250 (effective 1/1/2026)Reopens previously time-barred sexual assault civil claims through 12/31/2027, where an employer cover-up is allegedRelated wrongful termination and harassment claims tied to the same conduct are revived too — even if you thought your window had closed
SB 497 (effective 1/1/2024, still active)Creates a presumption that firing someone within 90 days of a protected complaint is retaliatoryShifts the burden toward the employer and adds penalties up to $10,000 per violation
SB 477 (effective 1/1/2026)Formally recognizes group/class discrimination complaints under FEHAStrengthens cases where multiple employees were affected by the same conduct

FAQs

Q: What Is the Average Wrongful Termination Settlement in California?

A: The average wrongful termination settlement in California accounts for the amount of lost wages incurred by the worker who was wrongfully terminated. Other forms of compensation could include front pay, which is an estimate of future earnings that would have been earned had the worker not been wrongfully terminated.

Q: What Are the Odds of Winning a Wrongful Termination Case?

A: The odds of winning a wrongful termination case are much better when you hire an experienced wrongful termination lawyer. California-specific research on employment trials has found plaintiff win rates hovering around 50% — and that’s before accounting for the far larger share of cases that settle before trial. Employees who represent themselves tend to recover significantly less than those with legal representation, which is why most attorneys recommend at least a free consultation before filing anything yourself.

Q: How Long Do I Have to File a Wrongful Termination Claim in California?

A: It depends on the legal theory. For FEHA-based claims — discrimination, harassment, or retaliation — you generally have three years from the date of the incident to file a complaint with the California Civil Rights Department, and then one year after receiving a “right-to-sue” letter to file in court. Claims for wrongful termination in violation of public policy have a shorter, two-year window. Missing these deadlines can end your case regardless of its merits, so it’s worth talking to an attorney as soon as possible after being let go.

Q: Are There Any New California Laws in 2026 That Affect Wrongful Termination Cases?

A: Yes. Starting January 1, 2026, AB 250 opened a two-year window (through December 31, 2027) allowing previously time-barred sexual assault civil claims to be filed against an employer where a cover-up is alleged — and related claims, including wrongful termination and sexual harassment tied to the same conduct, are revived along with it. Separately, a 2024 law (SB 497) created a presumption that any adverse action taken within 90 days of an employee reporting harassment or another legal violation is retaliatory, with penalties of up to $10,000 per violation on top of other damages. If either of these could apply to your situation, it’s worth a consultation even if you assumed your window had closed.

Q: Is It Hard to Prove Wrongful Termination in California?

A: In cases where wrongful termination has occurred, it is simply a matter of gathering evidence. A wrongful termination lawyer understands the applicable laws involved and what types of evidence are needed to prove a case. Once you have found an experienced lawyer, proving wrongful termination will be much easier.

Q: What Is the Most You Can Get for Wrongful Termination?

A: The most you can get for wrongful termination depends on your financial losses and emotional distress as a result of your wrongful termination. The value of one’s emotional distress is extremely hard to measure, but an experienced employment lawyer can get you the best result.

Schedule Your Wrongful Termination Consultation Today

Wrongful terminations are unacceptable. Anyone who performs their duties has the right to work without fear of discrimination, harassment, or retaliation. It is an unfortunate reality that some employers fire workers for reasons other than their work performance.

If you were recently discharged from your place of work in violation of your contract or a state or federal law, you can take action to hold your boss accountable by hiring an employment law attorney.

At Shirazi Law Firm, P.C., we have helped many workers receive compensation after they were wrongfully terminated. We believe that workers should not suffer due to the misconduct of others. To schedule your consultation, please contact our office today.

Los Angeles Employment Attorney - Emanuel Shirazi

Written by Emanuel Shirazi, Esq.

Founder, Shirazi Law Firm, P.C.

Emanuel Shirazi is a Los Angeles-based employment attorney with over 20 years of experience representing employees in wrongful termination, harassment, and discrimination cases. A Super Lawyer and AV-rated attorney, he is dedicated to protecting workers’ rights across California.

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