Did you just get fired? Something stinks, eh?

Getting canned is hard enough but imagine finding out the law is on your side. Believe it or not… in the US one in five employees have been the victim of wrongful termination at some point in their career.

Sorry if someone just stole your job. But don’t feel bad, because this is your wakeup call.

Your termination may very well be illegal. It might not be “fair” but that’s not the point. Breaking the law is what crosses the line.

From this point forward, it’s all about protecting YOUR rights. If you believe your termination may have been illegal, speaking with a Los Angeles wrongful termination lawyer can help you understand your options and determine if you have a valid case.

What you will learn:

• What Is A “Wrongful” Termination?
• The Most Common Types of Wrongful Termination
• How To Build a Winning Case
• Your Chances of Winning
• Steps You Should Take Right Now

What Is A “Wrongful” Termination?

Alright… before I dive in, here’s something you need to know…

Wrongful termination is not the same thing as “unfair termination.”

The majority of employment in the US is “at will.” At will employment means your employer can fire you for any reason. It doesn’t have to be a “good” reason. In fact, your employer may fire you for no reason at all.

But even though your employer has this right, there are certain exceptions. And if one of these exceptions applies, your termination is “wrongful” because it violates the law.

You have a wrongful termination case if your firing was illegal under any of the following:

• Federal or state anti-discrimination laws
• Retaliation laws
• Employment contract provisions
• Company policy
• Public policy

Think of it this way, your employer has a lot of power over your job. They can use that power to fire you. But they can’t use that power in violation of the law.

The Most Common Types of Wrongful Termination

So what does the data say about the most successful wrongful termination claims?

Based on my research, here are the most common reasons employees win their cases:

Discrimination and Harassment

More than 4 in 10 wrongful termination cases settled or won by employees are based on discrimination or harassment.

Federal and state anti-discrimination laws make it illegal to fire someone because of their:

• Race or ethnicity
• Gender or pregnancy
• Age (over 40)
• Religion
• Disability
• Sexual orientation

Retaliation

Ready for a big one? This is huge.

Nearly 51% of all employment discrimination claims include retaliation as a claim.

You have a retaliation claim if you were fired for:

• Reporting or complaining about discrimination or harassment
• Filing a workers’ compensation claim
• Whistleblowing about illegal activities
• Refusing to participate in illegal activity

Contract Violations

A little less common but still a major source of successful wrongful termination claims are contract violations. This accounts for about 2 in 10 successful claims.

This would include any written employment contract or company policy violations such as:

• Breach of written employment agreements
• Violation of employee handbooks or company policies
• Firing someone without following company disciplinary procedures

How To Build a Winning Case

Alright, here’s the meat and potatoes. This is the difference between the winners and losers:

The quality of evidence available in a termination case is the biggest predictor of that case’s outcome.

Successful cases that had both witness testimony and some form of written evidence had a 63% success rate , versus only 28% for cases with witness testimony but no written evidence.

This means you need to have a written record and witnesses to win.

You need to get your hands on the following:

Written Documentation

This is the best type of evidence available to support your case. You need to grab:

• Email or other written communications with your supervisor
• Performance reviews, evaluations and write-ups
• Text messages relating to your firing
• Any written warnings or disciplinary action taken against you

Witness Testimony

Next, you want to identify any co-workers that witnessed:

• Discriminatory comments or behavior
• The events leading up to your termination
• Violations of company policies

Timeline Evidence

Timeline evidence can be a big help to corroborate your side of the story. Write down with dates and times:

• When each incident occurred
• Who was present at the time
• Exactly what was said or done

Remember, start gathering this evidence ASAP. The more time that passes, the harder it is to collect this evidence.

Your Chances of Winning

Let’s crunch some numbers…

The wrongful termination case success rates range based on several factors. Here’s what the data shows:

• 64% of claimants with attorneys receive some compensation
• Only 30% of claimants without attorneys received compensation
• Approx 90% of cases are settled without going to trial

Here’s the takeaway:

If you have strong evidence to support your claim and retain an attorney, your chances go way up. The average amount of compensation paid is $48,800 for those with legal representation, versus $19,200 for those without.

But remember…

Your individual case will turn on the specific facts and strength of the evidence in your case, as well as the skill of your legal representation.

Why Most Cases Settle

Don’t you know something about employers?

They hate going to trial over wrongful termination claims. And here’s why:

• It costs them a fortune in legal fees (can exceed $125,000)
• The bad publicity a trial can create for their company
• A jury verdict that could be much higher against them
• The time and energy spent away from business

This should be good news for you. When faced with strong evidence of wrongful termination, many employers prefer to settle these claims out of court and avoid the negative PR of a trial.

Working with a Los Angeles Wrongful Termination Lawyer

Here’s something that most folks do not know…

Hiring an attorney can make or break the outcome of your case. When you retain a qualified Los Angeles wrongful termination attorney, they will:

• Evaluate your case and develop a strategy to maximize your recovery
• Gather and preserve evidence in support of your claim
• Skilled negotiation on your behalf with your former employer
• Protect your legal rights every step of the way
• Maximize your total recovery for your damages

The statistics speak for themselves: those with an attorney are more than twice as likely to receive some compensation.

Steps You Should Take Right Now

Act quickly in wrongful termination cases. Every second counts.

Your action plan should include:

Document Everything ASAP

• Write down exactly what happened during your termination
• Gather all your employment related documents
• Identify any witnesses that may help your case
• Preserve any electronic communications

Know Your Deadlines

Different claims have different time limits:

• Filing EEOC discrimination charges 180-300 days
• State agency time limits for complaints vary by state
• Lawsuit filing deadlines are generally 2-3 years

Don’t delay. Missing these time limits can bar your entire claim.

Take Action

Apply for unemployment benefits and contact an employment lawyer. Most wrongful termination attorneys offer free consultations to discuss your case and advise you of your legal rights.

What You Can Recover

Successful wrongful termination claims can be worth a lot of money. You can recover:

• Lost wages and benefits
• Future lost earning capacity
• Emotional distress
• Pain and suffering
• Punitive damages (in extreme cases)

Recoveries generally range from $5,000 to $100,000 or more, depending on your income level and the strength of the violation.

Common Mistakes to Avoid

Make sure you don’t make these mistakes:

• Waiting too long to take action, which can destroy evidence
• Signing severance agreements without a lawyer’s advice
• Posting about your termination on social media
• Failing to mitigate your damages by seeking new work
• Representing yourself without an attorney

Moving Forward

Being wrongfully terminated is never easy. It’s a major professional and financial setback. But understanding your rights and taking the right steps can help you recover financially and professionally.

The key is to act quickly and get the right help. With strong evidence and effective representation, you can force your former employer to be accountable.

Wrapping It Up

Wrongful termination is a widespread problem that can financially and emotionally devastate employees.

Here’s what you need to know:

• Document everything immediately after being fired
• Know the different types of wrongful termination cases
• Don’t wait – time limits are short and strict
• Legal representation dramatically increases your odds