Can I sue my employer for being fired?
Asked by: Elva O'Hara | Last update: November 27, 2025Score: 4.8/5 (35 votes)
The bottom line is, yes, you can potentially sue your employer for firing you, but it depends on the circumstances of your termination. Employment law is complex, and each case is unique.
What is an example of wrongful termination?
Examples of wrongful termination
Your termination could be wrongful if your employer fired you: Due to discrimination. In violation of a federal or state labor law. Because you reported and refused to participate in harassment.
Can I sue my employer after being fired?
- Yes, you can sue your employer if they wrongfully fired you.
- All too often, people want to sue for being fired when the company had a legitimate reason to fire them.
- You can sue if your employer commits any of the following actions:
- If you decide to bring a
Is suing your employer worth it?
The answer depends on your claims and willingness to pursue litigation. If your claims are strong and you are invested in the litigation process, it can be very “worth it” to feel you are standing up for accountability, getting compensation for your injuries, and incentivizing the company to change its ways.
Is a wrongful termination lawsuit worth it?
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 Happens When You Sue Your Employer?
What are the odds of winning a wrongful termination suit?
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.
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 much will it cost me to sue my employer?
Hourly rates vary based on the lawyer's experience but rates are typically between $200 to $600 per hour. Hourly fees can be advantageous if the client wants to settle the employment case quickly and avoid litigation. A contingency fee arrangement is best if you want to sue but cannot afford to pay a lawyer.
Is it hard to get a job after suing?
Most people in this position often ask, “Can I be denied a job because I sued my last employer?” The answer is no. They might be less inclined to hire you because of your current legal circumstances, but they cannot base their decision on a lawsuit.
What are the downsides of suing?
Upfront Costs and Expenses
Though we work on contingency, lawsuits have unavoidable costs – case expenses, legal fees if resolution fails, and the risk of paying defense fees in some instances. While unavoidable, expenses may be recovered upon a successful outcome, but they represent a financial risk.
How to sue a job for wrongful termination?
- Understand Your Employee Rights. ...
- Gather Evidence to Fortify Your Wrongful Termination Lawsuit. ...
- Consult a Wrongful Termination Lawyer. ...
- File a Complaint with HR. ...
- Explore Alternative Dispute Resolution (ADR) ...
- File a Complaint with a Government Agency.
Can you fight for your job after being fired?
Filing a wrongful termination lawsuit can help you get your job back. However, it is only a guaranteed outcome of a successful lawsuit in a small set of cases. In some instances, the employer may offer you your job back in order to settle the lawsuit.
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.
Can HR fire you without proof?
Under at-will employment, HR can terminate employees without needing proof or a reason. This means they may end employment at any time.
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.”
What can I do if I got fired unfairly?
If you believe you've been wrongfully terminated in California, you may have grounds to take legal action against your former employer. To pursue a wrongful dismissal claim, you must demonstrate that your employer terminated you in violation of California labor laws or public policy.
Will I lose my job 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.
Is an employment lawsuit worth it?
It will not only benefit you, but your co-workers as well because it will likely make your workplace safer by creating a better environment for all. When you sue, you can also obtain a legal remedy for the discrimination you have faced. Employers often offer a significant sum in these cases.
Are wrongful termination suits public record?
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.
What are the odds of winning a wrongful termination lawsuit?
What are the Odds of Winning a Wrongful Termination Case? The success rate of wrongful termination claims can vary, but according to a source, less than half of claimants (43%) received an out-of-court settlement or a court award in their wrongful termination case (1).
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.
Is it worth it to sue a company?
You need to answer three fundamental -- and fairly obvious -- questions as part of deciding whether it's worthwhile to bring a lawsuit to court: Do I have a good case? Am I comfortable with the idea of a compromise settlement or going to mediation? Assuming a lawsuit is my best or only option, can I collect if I win?
Has anyone ever won a wrongful termination lawsuit?
$20 million verdict for wrongful termination. The jury found the plaintiff, a timeshare sales representative, was wrongfully terminated after protesting fraudulent and predatory sales practices.
How much money can you get for being wrongfully fired?
Wrongful termination settlements in California typically range from $5,000 to $90,000 on average. The final amount can vary depending on factors such as the circumstances of the termination and any damages incurred by the employee.
What is the payout for wrongful dismissal?
If the employer is in breach of contract by dismissing the employee, it will have to pay for the entirety of the rest of the term of the contract unless there is a provision within the contract for notice, or early termination, to be given.