There is no fixed formula or guaranteed award for wrongful termination in California. Your compensation depends heavily on the facts of your case — what your lost wages are, whether you suffered emotional harm, whether punitive damages may apply, how strong your evidence is, and whether the case settles before trial.
That said, in practice many wrongful termination cases in California produce recoveries in the range of $5,000 to $100,000 (or more in exceptional cases).
For instance, one source states that typical settlements fall between $5,000 and $90,000.
Another notes that the “average” wrongful termination award tends to lie in the $5,000 to $100,000 range.
In breach-of-contract–style wrongful termination cases (especially when the damages are more narrowly limited to financial loss), some settlements fall in the $30,000 to $100,000 bracket.
In highly publicized or egregious cases involving discrimination, harassment, or punitive liability, awards (or verdicts) can reach into the hundreds of thousands or more (occasionally even millions).
So, while “How much do you get?” depends, you should expect damages that at minimum cover your lost wages and benefits, with the possibility of additional compensation depending on the strength of your claim.
1. How to Recognize Signs of Wrongful Termination in Your Workplace
Before asserting that your termination was wrongful, you should look for warning signs that your firing may have been illegal. Some of those signs include:
- You were terminated soon after making a complaint (e.g., reporting harassment, discrimination, safety violations).
- The employer gave no or vague explanation for the firing, or the explanation shifted over time.
- You are part of a protected class (e.g. based on race, sex, age, disability) and your termination correlates with that status.
- You engaged in a legally protected activity (e.g. whistleblowing, reporting violations, requesting leave) and were fired soon after.
- Other employees with similar performance metrics, but different protected status, were treated better.
- You had an employment contract (written or implied) that promised certain protections, and your termination violated the contract.
- The employer failed to follow its own policies (e.g. progressive discipline) when disciplining or firing you.
These clues don’t prove wrongful termination on their own, but they are red flags demanding deeper review.
2. What Constitutes Wrongful Termination in California
California is an at-will employment state, which means that in general an employer may terminate an employee at any time, for any reason or no reason, as long as it’s not illegal.
However, a termination becomes wrongful when one of these or similar legal violations occurs:
- Discrimination: Firing because of race, sex, age (over 40), disability, religion, national origin, pregnancy, sexual orientation, etc., in violation of state or federal anti-discrimination laws (e.g. FEHA in California).
- Retaliation: Termination in response to your exercise of a legal right (e.g. complaining of harassment, reporting safety violations, filing labor law claims).
- Violation of public policy: For example, firing you because you refused to commit an illegal act, or because you exercised a statutory right (e.g. jury duty, taking protected leave).
- Breach of contract: If there is a written, oral, or implied contract promising particular procedures or protections (e.g. that you won’t be fired without cause), termination that violates those terms may be wrongful.
- Constructive wrongful termination: Sometimes you may be forced to quit because the employer makes working conditions intolerable (harassment, unsafe conditions, extreme changes). That may count as wrongful termination in a “constructive discharge” scenario.
- Violations of statute: Some terminations are illegal under specific statutory frameworks, e.g. for whistleblower protections, for asserting certain leave rights, or for wage-and-hour complaints.
Because “at-will” is the default in California, the burden is on you (the former employee) to show the firing was actually unlawful under one of these exceptions.
3. How Do I Prove I Was Fired Wrongfully?
Proving wrongful termination often proceeds in several steps.
The burden initially rests with you (the employee) to establish a prima facie case, then shifts to the employer to offer a legitimate reason, and then you must show that the employer’s reason is a pretext.
Here is a generalized proof roadmap:
(a) Establish a prima facie case
You need to show:
- You were an employee (not an independent contractor).
- You were terminated (or forced to resign in a constructive discharge).
- You engaged in protected activity or belong to a protected class, or there was a contract or public policy basis.
- There is a causal connection between the protected status/activity and the termination (or suspicious timing).
- You suffered damages (e.g. lost wages).
(b) Employer’s burden to articulate a legitimate reason
Once you establish the prima facie case, the employer must respond with a non-discriminatory, lawful reason for firing you (e.g. poor performance, misconduct). The employer must articulate this reason, not necessarily prove it at this stage.
(c) Show pretext
You then have to show that the employer’s stated reason is a pretext — i.e. it is false, inconsistent, shifted over time, or masks the true unlawful motive. You can do this by:
- Presenting documents, emails, or internal records that contradict the employer’s stated reason.
- Showing a pattern of discriminatory or retaliatory behavior.
- Demonstrating that similarly situated employees (outside your protected class) were treated more favorably.
- Showing that the timing suggests retaliation (e.g. termination came soon after complaint).
- Demonstrating that the stated reason is unworthy of credence (e.g. performance was good, no warnings were given).
(d) Burden of proof
You must prove your case by a preponderance of the evidence (i.e. more likely than not).
If the employer is a defendant in a discrimination context, in some cases they may need to show their reason was “clear and convincing” (a higher standard) — particularly if punitive or “independent legitimate reasons” are at issue.
(e) Statutes of limitations and administrative exhaustion
- If your claim involves discrimination or retaliation under FEHA, you must first file a complaint with the California Civil Rights Department (CRD) within three years of the discriminatory act.
- Then, if CRD issues a “Right to Sue” notice, you typically have one year thereafter to file a lawsuit.
- For non-discrimination (e.g. public policy, contract) claims, the statute of limitations is generally two years from termination, unless a written contract applies (often four years).
Also, ensure you preserve evidence immediately: personnel files, emails, performance reviews, witness names, internal memos, etc. The earlier you collect and preserve evidence, the stronger your case.
4. What You Can Do: Steps to Take
If you believe you’ve been wrongfully terminated in California, follow these steps:
- Review your documentation
— Collect performance reviews, emails or texts, memos, employee handbook, job description, any warnings or reprimands, termination notice, witness names, etc. - Write down your timeline & facts
— Record dates, what was said, who said it, who witnessed it, and any relevant interactions leading up to the termination. - Consult a qualified employment attorney
— Especially one experienced with California wrongful termination, to assess whether your case has merit, and guide you on strategy and deadlines. - File an administrative complaint if required
— For discrimination/retaliation claims, file a complaint with the CRD (California Civil Rights Department) via the CCRS portal or by mail.
— Ask for a Right-to-Sue notice after investigation. - Negotiate or file suit
— Once CRD gives you a Right-to-Sue, you can file in court (state or federal, depending on your statutory basis).
— Many wrongful termination cases are resolved by settlement before trial. - Mitigate damages
— You have a duty to try to find comparable employment to reduce your losses. Courts will consider whether you made reasonable efforts to mitigate. ( - Proceed with litigation
— Through discovery, depositions, motions, settlement negotiations, or trial.
Act promptly to respect deadlines and preserve evidence.
5. Settlement Ranges by Case Type
While every case is unique, some rough settlement ranges (based on practice sources) in California wrongful termination cases look like:
| Case Type | Typical Settlement Range* |
|---|---|
| Simple breach-of-contract termination (no discrimination) | $30,000 – $100,000 ─ often based on lost wages only. |
| Discrimination / retaliation (moderate) | $20,000 – $100,000+ |
| High-exposure discrimination / harassment / punitive elements | $100,000 to several hundred thousand+ |
| Exceptional/large verdict cases | Multi-million dollar awards (very rare) |
These ranges are illustrative only and not guarantees. Settlement amounts depend heavily on lost wages, evidence strength, employer size, and other factors.
One legal data source suggests that among California plaintiffs:
- ~24% receive $5,000 or less
- ~30% receive $5,001–$20,000
- ~22% receive $40,001–$100,000
- ~7% exceed $100,000
Thus many cases cluster in the low to mid five-figure range.
6. Factors That Influence Settlement Amounts
Several key factors strongly influence what you might recover in a wrongful termination case:
- Lost wages and benefits (economic damages)
— Back pay from termination until resolution, and future wages you reasonably would have earned.
— Lost benefits (health insurance, retirement contributions, bonuses) included. - Strength and clarity of evidence
— Written emails, internal memos, witness statements, consistent timelines, performance reviews, etc. Strong evidence persuades employers to settle and juries to award more. - Non-economic damages / emotional distress
— If you can show you suffered emotional harm (stress, reputational damage), courts may award non-economic damages, though these are more discretionary and fact-sensitive. - Punitive or exemplary damages
— In cases of egregious, malicious, or discriminatory conduct, courts sometimes punish employers. However, punitive damages are harder to obtain. - Size and resources of defendant employer
— Larger employers may settle for more, but also may litigate tougher. Also, under federal discrimination law, compensatory/punitive damages are capped based on employer size. - Duration of unemployment / mitigation efforts
— The longer you remain unemployed, the greater your back pay claim (unless you failed to mitigate). - Timing / proximity of protected act to termination
— If firing closely followed your complaint or protected conduct, that suggests retaliation, strengthening your case. - Settlement posture and litigation risk
— Employers may prefer to settle rather than risk a public trial. Your attorney’s negotiating skill and willingness to push risk also matter. - Costs and attorney’s fees
— In many employment claims, the losing party must pay prevailing party’s attorney’s fees and costs, which can influence settlement amounts.
Because of all these moving parts, two superficially similar cases can yield very different outcomes.
7. What Are the Odds of Winning a Wrongful Termination Case?
There is no reliable public statistic for “win rate” in California wrongful termination cases, because most cases settle and many are not reported. However, some general observations:
- It is estimated that up to 95% of employment cases settle before trial in California.
- Only a small percentage (~1–4%) of employment cases actually go to trial.
- Among those that go to trial, plaintiffs with strong evidence and experienced counsel have meaningful chances of success — but the risk is real.
Your odds improve significantly if you have:
- Clear, strong evidence (written records, witnesses)
- A close temporal link between protected activity and termination
- A robust legal basis (discrimination, retaliation, contract)
- Good counsel experienced in employment litigation
- A defendant concerned about public exposure or damages
Conversely, your case is weaker if the employer has credible documentation, alternative lawful reasons, or can raise strong defenses.
Thus, while you can’t guarantee a win, a well-prepared claim often motivates settlement offers.
Final Thoughts
If you believe you were wrongfully terminated in California:
- Don’t delay: preserve evidence, document everything, and consult an employment attorney promptly.
- Recognize that damages include your actual losses plus potential emotional relief, and sometimes punitive liability.
- Understand that most cases settle, but having strong evidence and legal strategy significantly increases leverage.
- Be realistic: many claims settle in the five-figure range, though exceptional cases can go higher.
