How Often Are Wrongful Termination Cases Won in California?

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If you’re reading this, you’re likely considering pursuing a wrongful termination suit. You’re probably equally interested in your chances of success and therefore wondering, How often are wrongful termination cases won in California?

Determining your chances of winning a lawsuit involves thoroughly reviewing your employment history, your employer’s reasons for firing you, any relevant communications or documentation, and your potential legal bases for claiming wrongful termination.

While a wrongful termination case’s chance of winning varies greatly depending on an employee’s profession and the type of unlawful termination, seeking the guidance of a wrongful termination lawyer can provide valuable insight into the likelihood you’ll win your case.

Though each case is unique, and outcomes vary widely depending on the situation’s specifics, a wrongful termination attorney can review your facts and help you strategize the best course of action.

This article will cover certain facets of a wrongful termination case, what makes each successful, and how working with a lawyer can substantially increase your chances of winning so you can move forward and make informed decisions.

What Is Wrongful Termination?

California is an at-will employment state, meaning employers can dismiss employees at any time for any reason. There are a few exceptions, however, including termination based on discrimination, retaliation, violation of public policy, or breach of contract. Here are some examples of unlawful termination that fall into these categories:

• An employer terminates an employee who reports fraudulent company activities to regulatory authorities in retaliation for whistleblowing;
• An employer terminates a female employee upon learning of her pregnancy despite her job performance meeting expectations;
• An employer terminates an employee who takes approved leave under the Family Medical Leave Act (FMLA), citing the leave as the reason for the firing;
• An employer terminates an employee injured on the job in retaliation for the worker filing a workers’ compensation claim;
• An employer terminates an employee who files a sexual harassment complaint against a supervisor to silence the complaint;
• An employer terminates an employee for refusing to work on their religious holiday despite accommodating similar requests from other employees; and
• An employer tells an employee in writing they have job security as long as their performance remains satisfactory and then terminates them without warning despite good performance reviews.

These examples highlight the diverse scenarios in which wrongful termination can occur, emphasizing the importance of understanding when and how it happens and why one case may be more successful than another.

How Successful Are Wrongful Termination Cases in California?

Answering the question, How often are wrongful termination cases won? can be difficult. Nationwide, about 52% of employment lawsuits settle before reaching trial, and only 1-4% of employment lawsuits go to trial and result in a jury verdict. Moreover, in California, estimates are that as many as 95% of employment cases settle out of court.

For these reasons, a severe lack of accurate data is available for California wrongful termination case results. As for how successful wrongful termination cases that do make it to trial are, the average settlement hovers at around $45,000.

What Factors Influence Wrongful Termination Case Outcomes?

The makeup of a successful wrongful termination case in California can vary significantly. However, some factors can tip the scale in either direction, including:

• Evidence—strong evidence, including documentation of discriminatory actions, retaliatory behavior, or violations of employment contracts, significantly impacts your case’s success;
• Employer defenses—employers often vigorously defend allegations of wrongful termination by presenting robust counterarguments and disputing the plaintiff’s claims, posing challenges for employees seeking justice;
• Jury or judge bias—jury or judge attitudes and biases can influence a case’s outcome. Plaintiffs must address any prejudices and present their case persuasively to mitigate this potential; and
• Legal representation—securing an experienced wrongful termination firm like Lawyers for Justice is crucial for navigating complex employment law issues. Skilled attorneys can assess your case’s merits, gather strong evidence, and develop effective legal strategies that maximize your chances of success.

While no definitive factors guarantee a win, data from various legal sources suggest that employees with strong evidence and competent legal representation have the best chance of success.

How Does Working with a Wrongful Termination Lawyer Help?

Securing a competent attorney from an experienced firm like Lawyers for Justice is paramount. Our expertise in wrongful terminations and employment law is essential for steering the intricate legal process and can contribute significantly in various ways, including:

• Case evaluation. Our knowledgeable advocates will critically appraise your case’s merits, offer a balanced view of its potential, establish realistic expectations, and strategize a successful plan of action going forward.
• Evidence accumulation. Our skilled employment lawyers are proficient in acquiring critical evidence, pinpointing key witnesses, and constructing robust legal tactics to fortify your claim, helping to ensure its success.
• Navigational expertise. Our seasoned attorneys are well-versed in the procedural maze of filing claims, meeting deadlines, and mastering the art of negotiation.
• Settlement mastery. Our acumen in negotiating or mediating a fair settlement is invaluable; we will work tirelessly to ensure you receive just compensation for your unjust dismissal, potentially bypassing the need for drawn-out litigation.
• Trial advocacy. Should the dispute escalate to court, we will champion your cause, employing persuasive arguments that call for a favorable judgment.

While wrongful termination case success rates vary, employees with skilled wrongful termination attorneys on their side greatly enhance their chances of prevailing. The road to justice may be challenging, but Lawyers for Justice can safeguard your rights and hold your employer accountable for their wrongful actions.

Lawyers For Justice, PC Your Wrongful Termination Defenders

Wronged at work? Demand justice now. Our award-winning team at Lawyers for Justice stands ready to champion your rights. Recognized by prestigious bodies like Lawyers of Distinction, Super Lawyers, Pasadena Magazine’s Top Lawyers, and Best of the Bar, our firm is a testament to legal excellence.

Take the first step: begin with a cost-free, obligation-free initial consultation to learn about strategies tailored to you. Reach out to us today and secure the expert legal representation you deserve. Let’s hold your employer accountable and restore fairness.