How to Prove Wrongful Termination in California

Proving Wrongful Termination in California

Wrongful termination occurs when an individual has been terminated for unjust reasons. While it may be difficult to prove wrongful termination, there are still a variety of ways that it can be proven in court.

To prove wrongful termination in California, first file the appropriate documents. Then, gather proof through documentation. In order to prove that you were unjustly terminated, there must be sufficient evidence that your employer’s stated reason for termination is false and that their actual reason is illegal.

Contact an attorney from Her Lawyer for assistance and advice on if you believe you have experienced wrongful termination.

Elements of Wrongful Termination in California

Grounds for a wrongful termination claim include terminations due to discrimination, contract, and labor law violations, sexual harassment, or complaints against the employer. Wrongful termination includes discrimination on the basis of age, race, gender, physical and mental disability, and pregnancy.

How to File Your Own Wrongful Termination Lawsuit

Step 1: Determine If You Are an “At-Will” Employee

At-will employees can be fired for any reason. Most employers will make employees who are “at-will” aware of their employment status. It is important to establish that at-will employees are not public employees under civil service regulations, members of a union, or employed based on written, oral, or implied contacts. In order to follow through with the case, you will need to prove that you’re not an at-will employee.

Step 2: Filing the Claim Within the Statute of Limitations

Wrongful termination claims in California must be filed within one year of the employer’s retaliatory or discriminatory act. Exceptions to the wrongful termination statute of limitations are Equal Pay Act violations, which must be filed within 2 years (three years if willful).

Please note: Currently All Claims Filed with the Labor Commissioner are Suspended Due to the COVID 19 pandemic.

If the statute of limitations has passed, you still may be able to file your claim. Contact a California Wrongful Termination Attorney from Her Lawyer for further assistance in seeing if it is possible to seek monetary compensation.

Step 3: Prepare The Documentation To File Alongside the Claim

Gather any documentation that proves that your employer discriminated against you. Make sure to document any changes in conditions following the altercation. These may induce but are not limited to demotion, and reduction in pay or hours. Lastly, gather information and documents about prior conditions. This can include pay stubs, timesheets, evaluations, personal notes, etc.

Documentation is essential to strengthening your claim. Without strong evidence, it may be difficult to prove that your employer has committed wrongful termination. Documentation that can help includes personnel files, employment agreements and contracts, employee handbooks, workplace policies, job evaluations, union contracts, pay stubs, memos, and even proof of implied contracts.

Step 4: Write Down Details of Your Termination

Create an exact timeline of what happened before, during, and after the termination occurred. Write down who was directly involved such as clients, colleagues, supervisors, and HR. Additionally, write down how the termination occurred. Include details such as: who was there, what they said, and what reasoning they gave for the termination (if any at all).

Step 5: Filing the Complaint

Employees can either file a wrongful termination complaint either online or by mail.

To File a Wrongful Termination Complaint Online:

Please fill out Retaliation and/or Equal Pay Act (EPA) Complaint Form. (Make sure to press “submit” for the document to be recorded; if you leave the document or take a break, press “save and continue later”)

To File By Mail:

Please complete the Retaliation Complaint or Equal Pay Complaint form.
Make sure to print, sign and date the forms
Include copies of supporting documents. Do not send original documents
Mail/deliver completed forms and documents to the Labor Commissioner’s Office

Step 6: Attempt to Mitigate Your Loss

After termination, it is your responsibility to attempt to mitigate the loss of earnings. This means trying to find a similar job with similar pay. If you win the case, your compensation may be subtracted from your earnings at the new job. This means that if you can only find a job that pays less, your previous employer may be ordered to compensate you for the difference. This can include healthcare coverage, dental and vision coverage, pension, retirement savings, and other employee benefits that were previously provided.

FAQs About How to Prove Wrongful Termination in California

Will the employer settle out of court for a wrongful termination claim?

Typically, employers choose to settle outside of court instead of going into trial.

How much does it cost to sue an employer?

On average it costs about $10,000 to sue an employer, which will likely be deducted from your final settlement. At Her Lawyer, we won’t charge you a dime unless you win your case.

Can I sue to get my job back in California?

If an employee was forced to quit because of constructive discharge in which the employer created unbearable and hostile conditions in the workplace, a former employee may sue to get their job back. They may additionally sue for back pay: earnings that the employee would have received if they were not wrongfully terminated by their employer.

Contact Us

If you or a loved one has a wrongful termination claim, contact us. We’ll get you in touch with the most qualified California attorney for your unique legal situation. Get your free consultation today! We won’t charge you a dime unless you win your case.