Suing for Wrongful Termination

Posted on October 16, 2025 by Law Advocate Group, LLP.

What is Wrongful Termination?

Wrongful termination occurs when an employee is dismissed from their job for illegal reasons. These reasons may include violation of federal anti-discrimination laws or a breach of contract. Additionally, dismissals that contravene public policy also qualify as wrongful termination. This can involve firing an employee for refusing to engage in illegal activity or for reporting a company’s unlawful actions.

Legal Grounds for Wrongful Termination

Violation of Anti-Discrimination Laws: Employers are prohibited from terminating employees based on race, gender, age, religion, national origin, disability, and other protected characteristics. Moreover, discriminatory practices violate federal and state laws designed to promote equality in the workplace.
Breach of Contract: Employment contracts often contain specific terms regarding the conditions under which an employee can be terminated. If an employer dismisses an employee in violation of these terms, then it constitutes a breach of contract. Thus, this would be a legal ground for wrongful termination claims.
Public Policy Violations: Firing an employee for reasons that violate public policy is considered wrongful termination. For example, this may include refusing to commit illegal acts on behalf of the employer or reporting illegal activities.

Recognizing Constructive Discharge

Understanding Constructive Discharge: Constructive discharge occurs when an employer creates intolerable working conditions that force an employee to resign. This is treated as an involuntary termination under the law, making it a potential ground for wrongful termination claims.
Factors Leading to Constructive Discharge: Excessive harassment, unreasonable workloads, or a significant change in job duties without consent are examples of actions that might lead an employee to feel they have no choice but to resign.
Proving Constructive Discharge: To prove constructive discharge, an employee must demonstrate that the working conditions were so intolerable that a reasonable person in their position would have felt compelled to resign.

Can You Sue for Wrongful Termination?

If you believe that you have been wrongfully terminated, you have the right to take legal action against your former employer. The process involves filing a claim with the Equal Employment Opportunity Commission (EEOC) or the relevant state agency before proceeding with an unlawful termination lawsuit.

Here are the basic steps that explain how to sue for unlawful termination.

Preparing to File a Claim

Gathering Evidence: Collecting and organizing evidence is crucial to building a strong wrongful termination case. Document all relevant communications, such as emails, memos, and notes from meetings, as well as any incidents that support your claim.
Understanding the Statute of Limitations: Each type of wrongful termination claim has a specific time frame within which you must file a complaint. It’s essential to understand these deadlines to preserve your right to take legal action.
Assessing the Strength of Your Case: Consulting with an employment attorney can help you evaluate the merits of your case. An attorney can provide insights into the likelihood of success based on the evidence and legal standards applicable to your situation.

The Legal Process

Filing a Charge with the EEOC: Before pursuing a lawsuit, most discrimination-related wrongful termination claims require filing a charge with the EEOC. This step is essential to initiate an investigation and potentially resolve the issue through mediation.
Pursuing Alternative Dispute Resolution (ADR): Many wrongful termination cases can be resolved through ADR methods, such as mediation or arbitration. These approaches can offer a more efficient and less adversarial resolution than litigation.
Litigation and Court Proceedings: If ADR fails or is not an option, you may proceed with filing a wrongful discharge lawsuit. Your attorney will guide you through the litigation process, from drafting the complaint to representing you in court.

Utilizing Additional Resources When Suing for Wrongful Termination

Government Agencies and Nonprofits: Organizations like the EEOC and local employment rights agencies can provide information and assistance. Nonprofits dedicated to workers’ rights may offer resources and support for individuals pursuing wrongful termination claims.
Online Legal Guides and Tools: Many websites offer free legal information and tools to help you understand your rights and the legal process. These resources can complement the advice of your attorney and help you make informed decisions.
Support Networks: Joining support groups or forums for individuals facing similar situations can provide emotional support and practical advice. Sharing experiences with others can help you feel less isolated and more empowered.

How Much Can You Sue for Wrongful Termination?

The settlements and payouts of a successful wrongful termination lawsuit vary greatly depending on several factors, such as the circumstances of the termination, the employee’s salary, and the damages incurred. Settlements can range from a few thousand dollars to millions.

Assessing Damages

Calculating Lost Wages: Lost wages are a primary component of damages in wrongful termination cases. This includes the salary you would have earned from the date of termination until you secure new employment, as well as any lost benefits.
Evaluating Emotional Distress: Emotional distress damages compensate for the psychological impact of wrongful termination. This may include stress, anxiety, depression, and other emotional effects resulting from the employer’s actions.
Considering Punitive Damages: In cases where the employer’s conduct is particularly egregious, punitive damages may be awarded. These are intended to punish the employer and deter similar behavior in the future.

Factors Influencing Settlement Amounts

Severity of Employer Misconduct: The more blatant and harmful the employer’s actions, the higher the potential settlement or award. Factors such as intent, malice, and the impact on the employee’s life will be considered.
Employee’s Efforts to Mitigate Damages: Courts expect terminated employees to make reasonable efforts to find new employment. Demonstrating active job searching can positively influence the outcome of your case.
Legal Precedents and Jurisdiction: The legal environment and past rulings in your jurisdiction can affect the potential value of your case. Experienced attorneys will consider these factors when advising on settlement expectations.

Average Settlement for Wrongful Termination

While there is no standard settlement amount, wrongful termination settlements can average between $5,000 and $100,000. However, each case is unique, and the final settlement or court-awarded payout will depend on the specific details of your case.

Should I Sue My Employer for Wrongful Termination?

Determining whether or not to sue for wrongful firing requires careful consideration of your circumstances, potential outcomes, and the impact on your career. Consulting with an experienced employment attorney can provide clarity and guidance in making this decision.

Weighing the Pros and Cons of a Wrongful Firing Lawsuit

Potential Benefits of Suing: Suing your employer can result in financial compensation, provide a sense of justice, and hold the employer accountable for their actions. It may also deter future wrongful conduct by the employer or others.
Challenges and Risks: The legal process can be lengthy and emotionally draining. It may also have financial implications, such as legal fees and the possibility of not recovering these costs if the case is unsuccessful.
Impact on Future Employment: Consider how a lawsuit might affect your future career opportunities. Some employers may be hesitant to hire someone who has sued a previous employer, although this should not deter you if the claim is valid.

Consulting with an Attorney

Evaluating Legal Advice: An experienced attorney can help you assess the strength of your case, potential outcomes, and whether pursuing legal action is in your best interest. They can also provide guidance on the appropriate legal strategy.
Understanding Settlement vs. Trial: Your attorney will discuss the advantages and disadvantages of settling out of court versus going to trial. Settlement can be quicker and less risky, while a trial may offer a higher potential award.
Planning for the Future: Your attorney can also help you consider the long-term implications of your decision, including how to address potential challenges in future job interviews and maintaining professional relationships.

Conclusion

Understanding your rights in a wrongful termination situation is crucial for ensuring you receive the justice and compensation you deserve. Whether you choose to pursue legal action or seek an alternative resolution, being informed and prepared is key to navigating this challenging process.

By consulting with an experienced attorney and thoroughly documenting your case, you can make informed decisions and take the necessary steps toward resolving your wrongful termination claim. Always remember that you have rights, and there are legal avenues available to protect those rights and seek the compensation you deserve.

Contact an Employment Attorney Today

The attorneys of Law Advocate Group, located in Los Angeles, California, specialize in employment law and litigation. To speak with an employment lawyer from our firm, call our Los Angeles office today at (310) 651-3065 or fill out the form below so that we may get in touch with you as soon as possible.