• Dec 08, 2023
  • Wage & Hour

How to Prove Wrongful Termination

how to prove wrongful termination

Proving wrongful termination can be challenging because employees must demonstrate that there was an unlawful reason for their firing or that federal laws or state laws was violated when their employer fired them.

  1. Document Everything:
    • Employees should keep detailed records of incidents and/or unlawful actions that they believe could have led to their wrongful termination. Documents can be in the form of emails, intra-office memos, performance evaluations, witness statements from co-workers, or any other relevant documents from a former employer.
  2. Review Employment Contracts and Policies:
    • Examine employment contracts, employee handbooks, or any written policies provided by a current or former employer. These documents could outline the terms of employment and the reasons for which termination is possible.
  3. Identify Violations of Employment Policies:
    • If a termination seems to violate an employer’s own policies or procedures, it can prove wrongful termination cases to be stronger.
  4. Gather Evidence of Discrimination or Retaliation:
    • If it is believed that wrongful termination occurred due to discrimination, harassment, or retaliation, it is important that employees gather evidence to support their wrongful termination claim. Discrimination in the workplace is not permitted according to state or federal law. Supporting documents to prove an illegal act could showcase proof of discriminatory comments, witness statements, or a pattern of illegal actions.
  5. Consult with an Experienced Wrongful Termination Lawyer:
    • Legal counsel can help strengthen a wrongful termination claim. An experienced lawyer who practices employment law, like the ones at Lawyers for Justice, PC, can enforce state and federal laws to hold employer’s accountable for their wrongdoing. Seek advice from an experienced employment lawyer who can assess the strength of a case, explain relevant laws for a wrongful termination case, and who guide mistreated employees through the legal process. A wrongful termination attorney may be able to greatly improve an employee’s chance of winning wrongful termination claims.

It’s important to note that the success of a wrongful termination case depends on the specific facts of each specific situation, applicable laws, and the skill of a wrongful termination lawyer.

What Qualifies As Wrongful Termination In California?

Wrongful termination in California occurs when an employer terminates an employee in violation of state or federal laws. California, like many states, practices an “at-will employment,” method, which means that employers generally have the right to terminate employees for any reason, or no reason, as long as it’s not illegal.

  1. Discrimination:
    • Termination based on an employee’s race, color, national origin, gender, sexual orientation, religion, disability, pregnancy, age (if over 40), or other protected characteristics is illegal under state and federal anti-discrimination laws and could constitute a wrongful termination claim.
  2. Retaliation:
    • If an employee is terminated for engaging in a protected activity, such as reporting workplace harassment, discrimination, or filing a workers’ compensation claim, it may be considered wrongful termination.
  3. Whistleblowing:
    • If an employer fires an employee in California for reporting illegal activities, violations of laws, or other wrongdoing within the company, a wrongful termination lawsuit could be valid. Terminating an employee for whistleblowing is prohibited.
  4. Breach of Employment Contract:
    • If an employee has an employment contract that specifies the terms and conditions of employment, and the employer breaks the contract by terminating the employee without proper cause, it may be considered wrongful termination.
  5. Family and Medical Leave Act (FMLA) Violations:
    • Terminating an employee for taking protected leave under the FMLA (Family Medical Leave Act) or the California Family Rights Act (CFRA) may constitute wrongful termination.
  6. Constructive Discharge:
    • Constructive discharge occurs when the working conditions of a workplace become so intolerable that an employee is forced to resign. If an employee resigns due to harassment, discrimination, or other unlawful conditions, it could be treated as a wrongful termination.

Employees who believe they have been wrongfully terminated should consult with an experienced lawyer familiar with wrongful termination lawsuits to understand the specific circumstances of their potential wrongful termination claim.

Can I Sue For Wrongful Termination?

Whether someone can sue for wrongful termination depends on the specific circumstances surrounding the termination and whether it falls within the legal definition of wrongful termination. In California, employees have the right to file a lawsuit if they believe they were wrongfully terminated.

Consult with an Experienced Wrongful Termination Lawyer:

Seek advice from an experienced wrongful termination lawyer who can evaluate the facts of a wrongful-termination-based case. An experienced lawyer can help one understand their rights, assess the strength of wrongful termination claims, and guide an employee through the legal process.

Proving Wrongful Termination – FAQ

how often are wrongful termination cases won? The frequency of winning a wrongful termination case varies on each specific case.

how long does a wrongful termination case take? The duration of case can vary depending on the employee, the employee, the legal representation, and the details of the fired worker.

can you sue an employer for firing you? Every case is different, but as stated above, legal protections are in place for workers who were fired for unlawful reasons.

how successful are wrongful termination cases? The lawyers at Lawyers for Justice, PC have a strong reputation and record of winning cases for their clients. Call (818) JUSTICE today for a free consultation.

who do you contact for wrongful termination? The first call could be to an employment lawyer who can provide more guidance on a specific case.

is wrongful termination hard to prove? To prove wrongful termination, the documentation an employee collects is important. The success of a case can be dependent on documentation an employee collects.

what do i do if i was wrongfully terminated? Consider reaching out to a knowledgeable attorney at LFJ for more information on next steps.

how do i know if i was wrongfully terminated? Read some of the above reasons for possible wrongful termination to see if anything resonates with one of the reasons for a certain firing.


Read more about how we can help with your legal issue.

Employee Cell Phone Rights
  • Jun 20, 2024
  • Wage & Hour

Employee Cell Phone Rights

Travel Time Pay For Hourly Employees
  • Jun 06, 2024
  • Wage & Hour

Travel Time Pay for Hourly Employees

What Is Double Time Pay
  • Jun 04, 2024
  • Wage & Hour

What is Double Time Pay?


Treated Unfairly? Fight for What Belongs to You.

Call Now!