Do I Need a Lawyer for Wrongful Termination?

Answer 6 quick questions to get personalized guidance for your California case

Question 1 of 6

Why do you believe you were wrongfully terminated?

I reported illegal activity, safety violations, or filed a complaint (whistleblower)
Discrimination based on race, gender, age, disability, religion, or other protected class
I was fired for taking protected leave (FMLA, pregnancy, medical, jury duty)
My employer violated my employment contract or promised terms
I was an at-will employee and not sure if it was illegal

Question 2 of 6

Do you have documentation supporting your claim?

Yes - written communications, HR records, performance reviews showing good standing
Some documentation - emails or messages, but not comprehensive
No documents but have witnesses who can corroborate
Little to no documentation

Question 3 of 6

How long were you employed and what was your annual compensation?

3+ years, over $100K/year (significant lost wages and benefits)
1-3 years, $60K-$100K/year
6 months-1 year, $40K-$60K/year
Less than 6 months or under $40K/year

Question 4 of 6

What type of employer terminated you?

Large corporation with 50+ employees and HR department
Government agency or public employer
Mid-size company (15-50 employees)
Small business (under 15 employees)

Question 5 of 6

Have you already filed any complaints or claims?

Yes, filed with DFEH/CRD (California Civil Rights Department)
Yes, filed with EEOC (federal Equal Employment Opportunity Commission)
Yes, filed with Labor Commissioner for wage-related issues
No, haven't filed anything yet

Question 6 of 6

When were you terminated?

Within the last 6 months
6 months to 1 year ago
1-2 years ago
Over 2 years ago (statute of limitations may be an issue)

You May Be Able to Handle This Yourself

Based on your answers, you might be able to pursue your claim through administrative agencies first.

Recommended DIY Steps:

  • File a complaint with California Civil Rights Department (CRD, formerly DFEH)
  • Request your personnel file from employer (CA Labor Code 1198.5)
  • File for unemployment benefits immediately
  • Document everything - create a timeline of events
  • Consider filing with EEOC if federal laws were violated

You Should Consult a Wrongful Termination Attorney

Your situation involves significant damages and complex legal issues that benefit from professional representation.

Why You Need an Attorney:

  • Significant lost wages and benefits justify contingency fee representation
  • Retaliation or discrimination claims require expert handling
  • Large employers have legal teams - you need one too
  • Attorney can negotiate severance or maximize settlement
  • Preserve your rights before statute of limitations expires
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Consider a Consultation First

Your case has some complexity. A consultation can help you decide the best path forward.

Your Options:

  • get a consultation from an employment attorney (most offer them)
  • File with CRD/DFEH yourself - they investigate at no cost
  • Send a demand letter to start negotiations
  • Consult with California Labor Commissioner if wage issues involved
  • Contact your county bar association's lawyer referral service

Understanding Wrongful Termination in California

California is an "at-will" employment state, meaning employers can generally terminate employees for any reason. However, there are significant exceptions that make certain terminations illegal:

When Termination is Illegal in California

DIY vs. Hiring a Lawyer: Cost Comparison

Approach Cost Best For
File with CRD/DFEH Free Clear discrimination/retaliation cases
Demand Letter First Free (DIY) Negotiating severance or quick settlement
EEOC Complaint Free Federal law violations
Employment Attorney 25-40% contingency High damages, complex cases, litigation

Understanding Contingency Fees

Most wrongful termination attorneys work on contingency, meaning they only get paid if you win. Typical fees range from 25-40% of your recovery. Example:

  • If you recover $150,000 in lost wages + emotional distress damages
  • Attorney fee (33%): $49,500
  • Your net recovery: $100,500
  • Without an attorney, you might settle for much less or get nothing

⚠ Statute of Limitations Warning

Act quickly! California wrongful termination deadlines vary:

  • Discrimination/Harassment: 3 years to file with CRD
  • FEHA Claims: 1 year to file lawsuit after getting right-to-sue letter
  • Breach of Contract: 2 years (oral) or 4 years (written)
  • CFRA/FMLA: 2 years (3 years if willful)

What Damages Can You Recover?

Steps to Protect Your Case

  1. Request your personnel file - You have a legal right under CA Labor Code 1198.5
  2. Document everything - Save emails, texts, performance reviews, witness names
  3. File for unemployment - Even if employer contests, appeal any denial
  4. Don't sign anything without reviewing - Especially separation agreements that waive claims
  5. Avoid social media posts about your termination or employer
  6. Act before deadlines expire - Consult an attorney or file complaints promptly

Related Resources

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