2024 How Often Are Wrongful Termination Cases Won in California?

Frank S. Clowney III

Wrongful termination can be a challenging offense to prove. Demonstrating the motive involved in someone’s employment being terminated can be difficult, especially without a clear statement from the employer. However, there are many situations where these cases are won, and the court can see that the matter is a violation of the labor code that protects employees. Often, many people ask, “How often are wrongful termination cases won in California?”

How Often Wrongful Termination Cases Are Won

To consider what it means to win a wrongful termination claim, it’s necessary to analyze the two different ways that these kinds of claims are typically pursued. One is that they are resolved through litigation, and the other is through settlement. Most cases will end up being settled and not go to court. Generally, we might think of receiving compensation through either path as “winning” a case.

There is a significant difference in whether wrongful termination claims are “won” based on whether the plaintiff was represented by a lawyer. Very few claims are won without legal representation, and the plaintiffs rarely were able to obtain compensation. However, far more cases end successfully when a lawyer represents the plaintiff.

It is important to make sure that you have a skilled, experienced California wrongful termination lawyer representing you if you may have been a victim of wrongful termination.

Accepting a Settlement vs. Going to Court

Most people think of “winning” a wrongful termination claim as successfully receiving compensation through the litigation process. However, it’s important to recognize that a settlement can sometimes be just as much of a win. While winning in court could produce the maximum possible compensation, it’s important to recognize that there are some possible advantages to settling a claim as well.

One of the benefits of accepting a settlement is that it provides some certainty when compared with going to court. While a court ruling could result in more compensation, it could also result in significantly less as well. For those who want to avoid the risks involved with taking a claim to court, a settlement can be the better option.

A settlement also has the advantage of time as well. It’s not unheard of for it to be many months and even years before a legal case is finally resolved, and the process can often be taxing. However, in the case of a settlement, the process could be resolved much more quickly. Nevertheless, it’s important to weigh a potential court ruling against the offer that you’re receiving.


Q: How Long Do You Have to File a Wrongful Termination Claim in California?

A: How long you have to file a wrongful termination claim in California depends on the exact nature of your claim. There are several different protections for employees that an employer could be in violation of when terminating an employee. These are primarily related to the motivation for the termination, and they could involve the issue of discrimination against a protected class or retaliation for an action like whistleblowing.

Each of these different kinds of violations has its own statute of limitations that determine when a complaint must be filed, with most needing to be done within a year. However, some cases may involve an extended timeframe.

Q: Are You More Likely to Win a Wrongful Termination Case With a Lawyer?

A: You could be more likely to win a wrongful termination case with a lawyer representing you. These cases are particularly challenging and complicated, and it can be helpful to have the experience and knowledge of an employment lawyer on your side. It’s important to recognize that, in most cases, your former employer will have lawyers representing them as well, and having a lawyer yourself can help you more capably fight back.

Q: Does California Being an “At-Will” State Make It Harder to Win a Wrongful Termination Case?

A: California being an “at-will” state can make it harder to win a wrongful termination case. Because California is an “at-will” state, employers are free to terminate an employment arrangement with an employee at any time for any reason, so long as that reason is not unlawful.

In effect, this means that the burden of showing that the termination was wrongful is on the former employee. They must demonstrate that the reason the employer terminated the employment was in violation of the law.

Q: What Makes a Wrongful Termination Case More Likely to Be Won?

A: What makes a wrongful termination case more likely to be won is the quality of the evidence that can be used to show that the termination was unlawful. In some cases, this could mean some blatant and obvious statement or action on the part of the employer. However, it is rarely that straightforward.

Instead, it will be necessary to establish the case by using layers of evidence showing that the reason for termination was in violation of the law. For this reason, documentation of what you experienced leading up to the termination can be crucial to winning your case.

The Law Office of Frank S. Clowney III: Your Wrongful Termination Attorney

Winning a wrongful termination can be challenging. You will need to prove that your employer fired you because of an unlawful reason. Unless there is a straightforward, clear statement on the part of your employer showing that you were fired unlawfully, it can be challenging to prove that there was an unlawful motivation behind your termination.

Working with an experienced, talented California wrongful termination attorney can often be the difference between winning a claim and walking away with nothing. Even if your claim doesn’t go to litigation, which is often the case, your odds of negotiating a better settlement could be better with the right lawyer representing you, as they have the skills and experience to pursue a strong agreement on your behalf.

The experience of the team at The Law Office of Frank S. Clowney III could be exactly what you need. We are dedicated to getting fair and full compensation for our clients, whether through a settlement or by making their case in court. Contact our team to discuss your termination and why it may be wrongful.