Are wrongful termination lawsuits public record?
Asked by: Cole Rippin | Last update: August 10, 2025Score: 4.3/5 (6 votes)
As a reputable law firm, we often get asked if pursuing a wrongful termination case automatically makes you look like a troublemaker for other employers and ruins your work history. And the answer is, “kind of.” You see, a wrongful termination lawsuit goes public the second you file it against your former employer.
Are lawsuits against employers public record?
Yes. The documents filed in a lawsuit are a matter of public record unless you or your employer ask that they be sealed.
Has anyone ever won a wrongful termination lawsuit?
Many wrongful termination cases result in favorable outcomes for the employee, either through settlements or court verdicts. Successful cases can result in compensation for lost wages, damages for emotional distress, and even punitive damages in some instances.
What are the odds of winning a wrongful termination lawsuit?
When you have a lawyer for a wrongful termination case the likelihood of receiving compensation is 64% and the likelihood of receiving compensation without a lawyer is 30%. Most Californians can expect a wrongful termination settlement of approximately $5,000-$100,000.
Is it hard to find a job after suing an employer?
It may. It depends on the claims, if they are brought in good faith, etc. Some employers may frown on an employee who sued a prior employer, but again, depends on the facts, etc. In many instances, a future employer may never learn of your lawsuit.
How to Prove Wrongful Termination
Does suing affect my future employment?
In California, certain laws provide some degree of protection against employment discrimination based on one's involvement in litigation. Consulting with a legal team can help you to fully understand your rights and how best to protect future job prospects given your unique circumstances.
Can you get blacklisted for suing your employer?
So no, you will not end up in a blacklist. You will not be unemployable if you sue your employer.
How is wrongful termination proven?
- Document Your Communication with Your Employer. ...
- Collect Evidence of Your Performance. ...
- Create a Timeline. ...
- Keep Careful Records. ...
- Contact Eyewitnesses. ...
- Speak with a Lawyer.
Is it expensive to sue for wrongful termination?
Mimi Moore, a partner in the labor and employment practice with Bryan Cave LLP, says that each legal claim an employee brings against an employer in court could cost the company between $50,000 and $250,000 in legal fees and potential settlement payouts.
How much can I sue my employer for emotional distress?
The second type of emotional distress claim is one that is worth more than $50,000 up to hundreds of thousands of dollars, depending on the factual circumstances. You would need one or more medical opinions to support this claim and be prepared to have those medical advisors testify in court.
What is the highest payout for wrongful termination?
Wrongful termination settlements are determined case-by-case. Workers who prevail in a wrongful termination claim often get awarded between $5,000 and $100,000 in compensation. However, each case is different. There is no single “average” wrongful termination.
How often do companies settle out of court?
Some researchers claim that the 90% figure is a gross exaggeration. Research does indicate that settlement rates vary between different court jurisdictions and even different types of lawsuits. Still, a significant percentage of business-related lawsuits do eventually settle outside of court.
Which example would most likely result in a wrongful termination?
- Due to discrimination.
- In violation of a federal or state labor law.
- Because you reported and refused to participate in harassment.
- Because you reported and refused to conduct an illegal act or safety violation.
Can I be fired if I sue my employer?
California law, however, prohibits employers from retaliating against employees who engage in protected activities, including filing a lawsuit related to workplace issues.
How to find out if someone got a settlement?
How To Find Out If Someone Got A Settlement. The best way to determine if someone received a settlement or not is to file a records request with the court via the clerk's office. There is no guarantee this information is public. You also try asking the individual involved in the settlement if all else fails.
How to look up someone's employment history?
PERB will make copies of records for members of the public upon request. Requests need not be in writing. The Public Records Act provides that copies of records will be made promptly available upon payment of fees that cover the direct costs of duplication.
Is a wrongful termination suit worth it?
If you file a wrongful termination lawsuit, you may be able to seek compensation for your medical expenses and the cost of psychological counseling if you needed it to cope with your emotional distress. You may also be able to recover compensation for pain and suffering, which is considered non-economic damages.
How long do wrongful termination cases take?
How Long Until Settlement? Potential clients usually ask our lawyers, “How long will it take to settle my case?” The best answer is that “it depends.” Typically, the average employment lawsuit in a California court takes one year or longer to litigate.
How to calculate wrongful termination damages?
- Lost Wages: Calculate the wages you would have earned had you not been wrongfully terminated, including overtime, bonuses, and commissions.
- Benefits: Estimate the value of lost health insurance, retirement benefits, and other perks.
How to win a wrongful termination case?
One of the most effective ways to support your wrongful termination case is through detailed documentation. Keeping a record of your job performance, disciplinary actions, and interactions with supervisors or HR departments can strengthen your claim.
What is the burden of proof for termination?
Proving Just Cause: Employer's Burden
An employer must establish that the employee's misconduct was so severe that it fractured the employment relationship beyond repair. This burden of proof is not an easy one to meet. The employer must first provide clear evidence of the employee's misconduct.
What not to say in termination?
- “This is really hard for me.” ...
- “I'm not sure how to say this.” ...
- “We've decided to let you go.” ...
- “We've decided to go in a different direction.” ...
- “We'll work out the details later.” ...
- “Compared to Susan, your performance is subpar.”
Should I quit my job if I'm suing them?
Important Things to Note
First, it is essential to note that you can continue working for your employer after filing a claim against them. Whether your case against your employer alleges unpaid wages, any form of discrimination, or harassment, you still have the option to continue working.
How to find out if a former employer is blackballing you?
Contact Former Employers or HR Departments.
If you suspect you've been blacklisted, one of the most direct approaches is to reach out to previous employers.
Do lawyers drag out cases to make more money?
Their goal is to drag the case on and pay out as little as possible. This earns more money for the attorney, who gets paid by the hour, and also can help frustrate the plaintiff into making a better settlement for them out of desperation.