When you work in California, you may have fears about wrongful termination. Most of the laborers working from overseas face wrongful termination due to discrimination, harassment, and other unpleasant conduct. However, wrongful termination is illegal in California. You can challenge your court case and prove your job termination was wrong. Furthermore, you can get compensation for your job termination if you legally prove yourself innocent. In this blog, you will find all the details about wrongful termination settlement, compensation, and the possible outcomes if you sue a lawsuit. You can probably receive compensation for your economic and non-economic losses.
What are wrongful termination and termination settlements?
When discussing wrongful termination and termination settlement, you must know all the legal matters closely. It is called wrongful termination when a worker is fired or laid out from the company or office without solid and legal reasons. If this termination is based on discrimination like nationality, religion, skin color, or disability, the worker can challenge it. He can file a lawsuit against the employer and take advantage of economic and non-economic losses. This compensation is called a termination settlement. This settlement is calculated based on salary, job category, and the reason behind the termination. However, possible compensation for wrongful termination in California is as follows.
| High salary | $100000-$1000000 approximately |
| Medium salary | $30000-$100000 approximately |
| Low salary | $10000-$30000 approximately |
Wrongful termination damages calculator
Workers in California who have been unlawfully terminated can seek legal compensation for all damages faced by the termination. Legal damages for wrongful termination can differ, but they often include:
- Lost wages
- Lost benefits (health, life, dental, and vision insurance)
- Medical expenses
- Attorneys’ fees
- Cost of job search
- Emotional distress
How can you calculate settlement for the termination in California?
If you win a wrongful termination case, you get compensation. Your company is compelled to pay your damages and attorneys’ expenses. Employment and labor lawyers typically work on contingency fees, which means they take a percentage of what you receive, usually between 33% and 40%.
Because the damages are precisely stated in employment and labor law issues, settlement amounts are often lower than in other disputes. Your back pay is the primary factor that you receive in recovery. For example, if you earn $60,000 and do not work for a year, you can get $60,000 back.
To calculate your damages, you must include your yearly income from your previous work, including your annual salary, bonuses, future bonuses, and lost benefits. This amount is multiplied by the number of years you have been unemployed and the years you may expect to stay jobless. The ultimate settlement amount is determined by age, job type, education level, professional background, and other issues.
A brief look at the average compensations and reasons behind
| Employer Violation Type | Typical Settlements Received |
| Retaliation | Between $20,000 and $40,000 |
| Racial Discrimination | Between $25,000 and $100,000 |
| Pregnancy Discrimination | Between $10,000 and $50,000 |
| Disability Discrimination | Between $25,000 and $500,000 |
| Religious Discrimination | Between $20,000 and $50,000 |
| Age Discrimination | Between $150,000 and $1,000,000 |
| Whistleblowing | About $450,000 |
| Breach of Contract | Between $5,000 and $80,000 |
Possible reasons behind wrongful termination
When an employee is terminated or fired, there may be some unlawful reasons. The employee can claim against this step. However, before taking any legal steps, the employee must know the reason behind the termination. In a wrongful termination, there may be the reasons described here.
Origin/nationality
Many employers discriminate against workers based on their origin or nationality. In California, people work from overseas. Every caste and every nation’s worker has opportunities to work here. But, in some cases, employers humiliate workers for their origin and fire them without reason.
Religion
Religious differences are the 2nd most discriminated reason behind wrongful termination. Many employers tease workers and offend them by offering their religious affairs. Moreover, due to this religious superiority complex, employers terminate the workers.
Race
Another aggravated reason behind wrongful termination is race/ancestry.
Skin color
People also discriminate against workers for their skin color. The majority of cases reveal that people of white skin tone treat black people with inferiority discrimination.
Disability
Sometimes, employers fire a talented and able employee due to a physical disability. It’s also called wrongful termination.
Pregnancy or other physical weakness
In many workplaces, employers misbehave toward pregnant working women because of their physical weakness due to pregnancy. On maternity leave, they hire another worker and fire the pregnant worker. It’s also a reason for wrongful termination.
How can you claim wrongful termination?
If you think your termination has some unlawful reasons behind it, you can file a claim against your termination. However, here is a step-by-step guide to understanding the legal complexities before taking a legal action against your employer.
Gather evidence for your claim.
You need evidence to prove yourself before filing a claim against your termination. Your performance certificate, employment contracts, other office documents, and your colleagues’ reviews would be best. Furthermore, it would be best to have written notes, emails, and witness statements proving discrimination and harassment against you. Moreover, your office co-workers can give evidence in your favor as witnesses if they feel any discrimination against you.
Seek a legal advice
You should consult a qualified lawyer before filing the claim. A professional solicitor can help you in filing a lawsuit against your employer. Moreover, he can help you to get maximum compensation. Don’t hesitate to ask any legal advice about your wrongful termination.
Rights of employees about wrongful termination
In California, workers have various workplace protection rights, including wrongful termination. New legislations released in 2023 give more rights to the workers. FEHA is one of them, and it protects workers’ rights. If you are terminated from your job and think it is wrongful, you can have these rights.
- You can claim against your employer.
- You can get compensation.
- Additionally, you can benefit from economic and non-economic losses.
- Furthermore, you can get legal assistance to repay your unemployment loss.
Which factors can maximize the wrongful termination settlement?
To win a wrongful termination claim, you must be able to show that you were laid off or fired for illegal reasons. Discrimination, harassment, and contract violation are significant reasons employees have been illegally terminated by their previous employers.
When you deal with a wrongful termination attorney, your chances of collecting the highest possible settlement improve tremendously. At least, bringing a lawsuit can result in a substantially larger recovery than making a claim. Moreover, the plaintiffs represented by legal counsel are more likely to receive more payments than plaintiffs who try to manage their cases independently.
Wrongful termination claims are frequently resolved out of court. Besides this, employers often want to settle instead of facing a lawsuit. Moreover, a labor attorney or workplace lawyer can advise you on whether settling outside of court boosts your recovery opportunity.
Conclusion
Wrongful termination due to any reason is illegal in California. The state has released new legislation to protect its labor, as it thinks it is the backbone of its economy. Furthermore, you can file a claim against the employer if you face a wrongful termination. Additionally, you can get compensation for your loss. Your economic and non-economic losses can be compensated if you get legal assistance. A labor attorney knows the rules and regulations of the workplace. He can help you to maximize your compensation. Moreover, a professional lawyer can also represent your case in a better way and guide you about proof collection and evidence.
FAQs
What Types of Compensation are available for Wrongful Termination Lawsuits?
You can get compensation if you win the lawsuit for wrongful termination. You can get these benefits.
- Lost wages
- Lost benefits
- Punitive damages
- Emotional distress
Can You Get Punitive Damages for Wrongful Termination in California?
Yes, you can get punitive damages for wrongful termination. However, they are usually higher than the compensatory damages because the employers involved in wrong deeds are punished for their unpleasant acts.
What’s the Most You Can Get for Wrongful Termination in California?
You can get maximum compensation if your company’s employee numbers are more than 15. The state has not limited the rewards for the employees. However, depending on the situation, you can get a maximum of $50000-$3000000 as compensation.