Wrongful termination occurs when an employer illegally fires, dismisses, or forces an employee to quit their job for a reason that violates public policy or employment laws. In California, there are robust worker protection laws that safeguard employees from being wrongfully terminated for reasons that can include discrimination, whistleblowing, or exercising legal rights.
The repercussions of unlawful firing can extend beyond immediate job loss, often resulting in devastating financial consequences, as well as significant emotional distress. When an employer's decision to end employment violates state or federal laws or legally protected public policies, a worker has grounds for a wrongful termination claim.
In our 29 years practicing employment law in Los Angeles, we've seen the devastating financial and emotional toll wrongful termination has on employees. You may be questioning yourself, wondering if you did something wrong, or feeling powerless. You're not alone, in many cases, what happened to you may be illegal. To get help, call (818) 572-4143 or simply fill out the form on this page for a free consultation.
Key Points - Table of Contents
- Why Choose Kingsley Szamet Employment Lawyers
- What Is Considered Wrongful Termination in California?
- What Should I Do If I've Been Wrongfully Terminated?
- What Acts Are Considered Wrongful Termination?
- Do I Have a Case?
- How Can I Prove My Case?
- What Recoverable Damages Can I Win?
- Client Testimonials
- Frequently Asked Questions
- Get Help From Top Rated Los Angeles Wrongful Termination Lawyers
Why Choose Kingsley Szamet Employment Lawyers
Kingsley Szamet Employment Lawyers is led by Eric B. Kingsley, a respected employment law attorney and firm partner who has dedicated his career to fighting for Los Angeles workers who have been wrongfully terminated. With over 150 class actions litigated and more than $300 million recovered for employees across California, Mr. Kingsley brings a proven track record to every case he takes on, and the results over the last 29 years speak for themselves. Workers throughout Los Angeles have trusted him to turn devastating job losses into meaningful recoveries, and he has consistently delivered.
Meet Our Los Angeles Wrongful Termination Attorneys
Eric Kingsley
An AV Preeminent-rated attorney and 2024 Consumer Attorneys of California Presidential Award of Merit recipient, Mr. Kingsley has litigated over 150 class actions and practices in wage and hour litigation, wrongful termination, and sexual harassment cases. He is a prolific speaker on employment law and has directed over one million dollars in class action settlement residues to charitable organizations providing free legal services to the poor.
Kelsey M. Szamet
A UCLA School of Law graduate practicing since 2008, Ms. Szamet has been recognized as a 2023 "Super Lawyer" and recipient of the 2023 Women in Law Award for her work on complex employment class actions and individual cases. She concentrates her practice on wage and hour litigation, wrongful termination, sexual harassment, and discrimination cases, and is actively involved with several non-profit organizations including the YWCA and the Child Educational Center.
What Is Considered Wrongful Termination in California?
California operates under the "at-will" employment doctrine, which means that in most cases, either the employer or employee can end the employment relationship at any time, for any reason, or for no reason at all, with or without notice. The key takeaway is this: you can be fired for any reason, except an illegal one. While employers have broad discretion, they cannot terminate employees for reasons that violate state or federal law.
There are Three Types of Illegal Grounds for Termination
Despite the at-will presumption, there are three main categories of illegal termination that give rise to wrongful termination claims:
- Discrimination: Firing based on a protected characteristic such as race, gender, age, disability, or religion
- Retaliation (Public Policy Violation): Firing in retaliation for engaging in legally protected activities, such as whistleblowing or filing a complaint
- Breach of Contract: Firing that violates the terms of an employment contract, written or implied
If your termination falls into any of these categories, you may have grounds to pursue legal action against your employer.
What Should I Do If I've Been Wrongfully Terminated?
If you've just been fired, or if you sense it's coming, taking the right steps now can help you to create a strong case. Here's what you should do:
- Document Everything. Keep a detailed record with dates, times, what was said, witnesses, and locations, Save every email, texts, Slack/Teams messages, save your performance reviews, warnings, company policies, etc.
- Get Everything in Writing. Request the termination reason in writing. Request your personnel file (you have a legal right to this in California). Ask about severance and benefits
- DO NOT Sign Anything Without Legal Review. Severance agreements often require you to release all legal claims. Once you sign, you typically cannot sue.
- Preserve Evidence Before It Disappears. Record names and contact info of supportive colleagues (potential witnesses). Document your job duties and achievements.
- File for Unemployment Immediately. Don't wait to file for unemployment. You may need this income. Filing doesn't hurt your case
- Be Careful What You Say and Post. Don't badmouth your employer, your boss, or employees on social media. Don't make threats or angry communications. Anything you say can be used against you.
- Consult an Employment Attorney. California has strict deadlines, with some as short as 1 year. Give yourself plenty of time to ensure you meet the filing deadline.
What Acts Are Considered Wrongful Termination?
Here are some of the most common scenarios in which wrongful termination occurs. Many clients don't realize they have a claim until we review their situation, which is why it's important to review the following carefully. If you have experienced any of the following, it may be in your best interest to consult with a knowledgeable wrongful termination lawyer in Los Angeles.
- Retaliation for protected activities: This includes being fired for complaining about harassment or discrimination, reporting illegal or unsafe conduct (whistleblower), filing a workers' compensation claim, demanding unpaid wages or overtime, taking protected family or medical leave under CFRA or FMLA, serving on jury duty, taking time off to vote, refusing to engage in illegal activities, or cooperating with a government investigation. Documentation such as complaint records, evidence of reporting violations, and timing of adverse actions shortly after protected activity can help prove retaliation.
- Discrimination based on protected characteristics: Under California's Fair Employment and Housing Act (FEHA), it is illegal to fire someone for discrimination reasons such as race, color, religion, age (40 and older), disability, gender, sexual orientation, pregnancy, national origin, marital status, military status, genetic information, or medical/family care leave status. Discrimination can be subtle and masked by pretextual reasons like "poor performance" or "company restructuring." Evidence may include discriminatory comments, patterns of favorable treatment to others, timing of termination, witness testimony, and inconsistent explanations from the employer.
- Breach of contract: When an employer fires an employee in violation of a written employment contract or an implied agreement based on duration of employment, promotions, positive reviews, assurances of continued employment, or promises of long-term or permanent employment. An example of a breach of contract would be terminating an employee before their contract has formally expired without proper justification. An implied contract, which is essentially an agreement based on things your Los Angeles employer said and did, is also another exception to the at-will rule. However, this type of contract may be challenging to uphold because this type of wrongful termination can be difficult to prove.
- Constructive termination (forced to quit): Constructive termination occurs when working conditions become so intolerable due to harassment, discrimination, or violations of legal rights that an employee is forced to resign. In such cases, the resignation is treated as a termination, and you may be entitled to compensation for lost wages and emotional distress.
- Public policy violations: Being fired for exercising legal rights such as taking time off to vote, serving on jury duty, serving in the military or National Guard, filing a workers' compensation claim, or reporting illegal activity (whistleblowing). For example, you cannot be fired for alerting OSHA about unsafe workplace conditions.
- Unfair workplace practices and bad faith actions: This includes deliberately misleading employees about promotions or salary increases, replacing older workers with younger employees for lower pay, transferring employees to undesirable assignments to force them to quit without severance, misleading employees about job aspects, or taking adverse action to prevent employees from collecting commissions or payments due to them.
- Defamation during or after termination: When an employer makes false or malicious statements about you during the firing process or when providing references, deliberately sabotaging your job search efforts. To prove defamation, you must show the employer made false statements with malice, conveyed this information to at least one other person, and caused harm such as job loss or preventing future employment.
Finally, it is important to note that wrongful termination can happen to any employee regardless of their position, tenure, or background. While at-will employment is the general rule in California, there are significant legal protections in place to prevent unjust firings. If you believe you were wrongfully terminated, time is limited due to statutes of limitations, so it's crucial to speak with an attorney right away.
Do I Have a Case?
One of the first questions you are liking asking after being fired is simple: "Do I actually have a wrongful termination case, and what could it be worth?" In California, you may have a valid claim if your termination happened for an illegal reason, even though the state follows at-will employment rules. Every case is different, but California law allows employees to recover several categories of damages when termination is proven unlawful.
A Quick Way to Evaluate Your Situation
You may have a stronger-than-average claim if:
- You have emails, texts, or witnesses supporting discrimination or retaliation
- Your employer's reason for firing you changed or contradicts your performance history
- The termination happened soon after protected activity like filing a complaint or taking leave
Because the value of a wrongful termination case depends on detailed facts, the most reliable way to understand your rights and potential compensation is to speak directly with an experienced California employment attorney.
How Can I Prove My Case?
To win a claim for wrongful termination requires more than just your word. Our attorneys gather and analyze multiple forms of evidence to demonstrate that your firing was illegal. When trying to prove your Los Angeles wrongful termination claim, you will want to include multiple forms of evidence such as:
- Inconsistent or changing termination reasons provided by your employer
- Violations of company policy or the employee handbook (such as skipping progressive discipline)
- Suspicious timing of the termination (e.g., immediately after filing a complaint or taking medical leave)
- "Me-Too" witnesses: other employees who experienced similar treatment
- Discriminatory or retaliatory comments made by supervisors or managers
- Performance reviews and emails that contradict the stated reason for termination
- Comparisons to other employees who were treated more favorably
In our experience, the strongest cases combine multiple types of evidence. We approach each case like building a puzzle, every piece of evidence connects to create a complete picture of what really happened.
What Recoverable Damages Can I Win?
If you succeed in proving wrongful termination, California law allows you to recover several types of compensation, including:
- Lost Past Wages: All income you would have earned from the date of termination until the resolution of your case
- Lost Future Wages: Compensation for future earning capacity if you cannot find comparable employment
- Lost Benefits: The value of health insurance, retirement contributions, stock options, and other employment benefits
- Emotional Distress and Pain and Suffering: Compensation for the psychological harm caused by the wrongful termination
- Punitive Damages: Additional damages designed to punish the employer, available if the employer acted with malice, fraud, or oppression
- Attorney's Fees and Costs: In many wrongful termination cases, the employer is required to pay your legal fees if you win
The amount of compensation varies depending on the specifics of your case, but wrongful termination verdicts and settlements in Los Angeles can be substantial, sometimes reaching into the six or seven figures.
Typical Settlement Ranges by Case Severity
We've written an entire guide on the average wrongful termination settlement amounts for those looking to get more detailed information. To make it easier for you, the following will provide important average settlement statistics. One of the most notable statistics is an average settlement of $48,00 for those who hired an attorney versus $19,200 for those who did not use an attorney for their claim. In our experience with wrongful termination claims, case damages will effect your average settlement received. You can see how significant the value of your claim is based on damages in the table below.
| Case Damages | Average Settlement Received |
|---|---|
| Low | Between $5,000 and $30,000 |
| Moderate | Between $30,000 and $100,000 |
| High | Between $100,000 and $1,000,000+ |
Weaker cases usually involve limited evidence, short employment periods, or low wage loss. Moderate cases have decent evidence and measurable damages. Strong cases involve clear discrimination, substantial lost wages, or particularly bad employer conduct. Your specific case depends on your facts and will vary from other claims.
Client Testimonials
At Kingsley Szamet Employment Law, our clients' experiences speak volumes about our commitment to service and results. With Over 300 Million in settlements and verdicts, we take pride in guiding employees through workplace challenges with clarity, professionalism, and dedication. Whether one of our attorneys is taking a case to court or providing candid advice about your options, our focus remains on delivering value and support when you need it most. Here's what some of our clients have to say about working with us:
Sal B.
I've dealt with 3 different lawyer companies before and this is a great one. They not only keep you up to date with the process but just in case they forget to keep you in the know there I a tracking system to let you know the current process of your case.
James P.
I was having some major issues with my employer and they were very patient and professional as I explained everything. They provided some good ideas for me going forward. It's not a case that is being pursued but the fact they took so much time to clearly explain employment law to me and give me some helpful steps to take free of charge was greatly appreciated. Highly recommended!
Angel E.
I can't recommend Kingsley & Szamet highly enough! From the start, they took care of everything, making the entire legal process stress-free for me. I was worried because I didn't have access to many of the documents I thought I'd need from my former employer, but the team assured me they could work with what I had - and they did exactly that. Their expertise and persistence led to a successful settlement, and I barely had to lift a finger. They knew exactly how to present my case, negotiate effectively, and get my prior employer to agree to fair compensation. I truly appreciate their professionalism, dedication, and hard work.
Frequently Asked Questions
How much can I sue for wrongful termination in California?
In California, the actual amount one might recover typically depends on multiple factors including case specifics and individual circumstances. Wrongful termination damages could include lost wages (both past and future earnings), emotional distress, damage to professional reputation, and in some cases, punitive damages, though a wrongful termination settlement amount can vary significantly.
What evidence do I need to prove wrongful termination?
Evidence that might support a wrongful termination claim could include various forms of documentation such as emails, performance reviews, or company policies. Testimony from colleagues who witnessed relevant behavior or could speak to your performance might be valuable, as well.
Is it expensive to sue for wrongful termination?
At Kingsley Szamet Employment Lawyers, we work on a contingency fee basis, which means we only get paid if you win your case.
What is the statute of limitations for wrongful termination claims in Los Angeles?
In Los Angeles, California, there are different statute of limitations for wrongful termination claims depending on the specific legal basis for the claim. For example, defamation might be as little as 1 year, where a written employment contract breach might be as long as 4 years.
What California Laws Protect Employees from Wrongful Termination?
Some of the laws that protect employees from wrongful termination in Los Angeles include: Fair Employment and Housing Act (FEHA), California Labor Code, Public Policy Protections, Contract Protections, California Family Rights Act (CFRA), California Equal Pay Act prohibits pay discrimination and retaliation, and Pregnancy Disability Leave Law among others.
How long do I have to file?
In California, you generally have 1 to 4 years to file a wrongful termination lawsuit depending on the specific legal basis (1 year for defamation, 2 years for most personal injury claims, 3 years for discrimination under FEHA, and 4 years for written contract breaches), so it's critical to contact a Los Angeles wrongful termination attorney immediately to protect your rights.
Do I have a wrongful termination claim if I quit?
Yes, you may have a wrongful termination claim even if you quit if your employer created intolerable working conditions (such as harassment, discrimination, or illegal demands) that forced you to resign, which is called constructive discharge or constructive termination and is legally treated the same as being fired.
When To Contact Experienced Los Angeles Wrongful Termination Lawyers
When facing workplace legal challenges, you need an experienced advocate who understands both the law and your personal situation. At Kingsley Szamet Employment Lawyers, we combine over 29 years of expertise in employment law with personalized attention to help employees protect their rights and achieve the best possible outcomes. Our focused practice, proven track record, and commitment to clear communication make us the trusted choice for wrongful termination representation in Los Angeles, Ca.
We serve clients throughout Los Angeles County, including Woodland Hills, Encino, Downtown LA, Calabasas, Beverly Hills, Santa Monica, Hollywood, San Fernando, Culver City, Sherman Oaks, West Hollywood, Burbank, Glendale, Pasadena, and surrounding areas. When you hire Kingsley Szamet, you get attorneys who litigate cases in Los Angeles County's employment law venues, which may include the Los Angeles Superior Court Stanley Mosk Courthouse, Spring Street Courthouse, Torrance Courthouse, and Pasadena Courthouse among others. We've successfully represented clients in wrongful termination cases across all of Los Angeles. Our local presence, knowledge, experience, and results are just a few reasons why victims continue to trust us with their claim.
Schedule your complimentary initial consultation with our Los Angeles Employment Law Firm by calling (818) 572-4143 for simply fill out our contact form. We work on a contingency fee basis, which means that you pay nothing unless we win your case.
Claim your no-obligation consultation and case evaluation today!
Kingsley Szamet Employment Lawyers
16133 Ventura Blvd #1200
Encino, CA 91436
(818) 572-4143
