How to Build a Case for Wrongful Termination
The reason recorded in your termination letter may be only one part of what led to your dismissal. Your performance history, previous complaints, and your employer's conduct in the weeks leading up to the decision may all warrant closer examination.
In California, employers generally have broad discretion to fire at-will employees. That discretion, however, does not extend to discrimination, unlawful retaliation, or other legally prohibited reasons for termination.
If you suspect your firing was illegal, knowing how to build a wrongful termination case can help you determine what crucial evidence to preserve and when to seek legal counsel.
How to Build a Strong Case for Wrongful Termination
Your employer's explanation for firing you may not account for everything that happened at work. These five steps can help you piece together the facts and assess whether you have grounds for a claim.
1. Identify why your termination may have been unlawful
California law prohibits firing employees for discriminatory or retaliatory reasons. You may have grounds for a claim if you were dismissed for:
- Reporting workplace discrimination or harassment
- Disclosing suspected legal violations to an appropriate authority
- Requesting reasonable accommodations for a disability
- Taking legally protected family or medical leave
2. Preserve employment records and relevant communications
Your employment records may expose discrepancies between your employer's stated reason for firing you and your actual work history. Relevant documents include:
- Employment contracts and employee handbooks
- Performance reviews and disciplinary notices
- Emails or messages concerning workplace complaints
- Termination letters and related correspondence
- Records of promotions, commendations, or changed responsibilities
Keep only records you already possess or are legally authorized to access. An attorney can advise you on obtaining additional evidence without violating confidentiality obligations.
3. Document the circumstances surrounding your dismissal
Write a chronological account of significant events while the details remain fresh. Include (1) when you reported suspected misconduct, (2) who knew about it, (3) any subsequent changes in your treatment, and (4) the reason given for your termination. This timeline may reveal patterns or inconsistencies worth investigating.
4. Identify potential witnesses and supporting evidence
Coworkers or supervisors may have witnessed discriminatory remarks, retaliation, or unequal disciplinary treatment. List anyone with potentially relevant knowledge and briefly describe what they observed.
You needn't solicit statements yourself. An attorney can determine whether their testimony would strengthen your claim and how to obtain it appropriately.
5. Establish a connection between your termination and unlawful conduct
A dismissal shortly after reporting misconduct may suggest retaliation, but timing alone may be insufficient to prove it. Look for corroborating circumstances. Case in point: hostile reactions to your complaint, shifting explanations for your termination, harsher discipline than similarly situated coworkers received, etc.
How Can a Los Angeles Wrongful Termination Attorney Help Build Your Case?
Employees can take meaningful steps to preserve evidence, but determining whether that evidence establishes an unlawful termination often requires legal analysis. As such, a Los Angeles wrongful termination lawyer can help develop a strategy for pursuing your claim.
Here's how legal representation can strengthen your case.
Evaluate the legal grounds for your claim
An attorney can dissect the circumstances of your termination, identify potential violations of state or federal law, and determine whether the available evidence supports a viable claim for discrimination, retaliation, or another unlawful reason for dismissal.
Investigate inconsistencies and obtain additional evidence
The most revealing records may be beyond your reach. Through applicable legal procedures, an attorney can pursue internal correspondence, personnel records, and testimony that may shed light on the decision to fire you.
Conflicting explanations, selective enforcement of workplace policies, or departures from established procedures may undermine your employer's stated justification and support an inference of unlawful motive.
Assess potential damages and legal remedies
The financial consequences of wrongful termination can persist long after your employment ends. An attorney can assess lost earnings and benefits alongside other potential remedies, such as emotional distress damages or reinstatement, where legally available.
The compensation you may recover depends on the legal basis of your claim and the extent of your proven losses.
Frequently Asked Questions (FAQs)
Can I build a wrongful termination case without written evidence?
Yes. Witness testimony, the circumstances surrounding your dismissal, and other evidence may support your claim even if you lack emails or written records. The strength of your case will depend on the available evidence and the legal requirements of your claim.
What if my employer claims I was fired for poor performance?
Poor performance can be a lawful reason for termination. But if the explanation conceals discrimination or unlawful retaliation, you may have grounds to challenge it. An attorney can review your performance history and other relevant circumstances to assess whether the employer's explanation is credible.
Can I pursue a wrongful termination claim if I was an at-will employee?
Yes. California's at-will employment rules generally allow employers to terminate employment without cause, but they do not authorize termination for unlawful reasons. At-will employees retain protections against prohibited discrimination and retaliation.
Do I need a lawyer to file a wrongful termination claim?
You can initiate a complaint without an attorney, but legal representation can substantially strengthen your position. An experienced wrongful termination lawyer can assess the merits of your claim and advocate for your interests throughout the legal process.
About JLG Lawyers
At JLG Lawyers, we understand that employees often leave a difficult workplace situation with unanswered questions about what happened and whether their rights were violated.
Our California plaintiff-side employment law firm represents employees in illegal termination, workplace discrimination, retaliation, and harassment matters. We take the time to understand the circumstances surrounding each client's experience and evaluate the legal options available under California law.
If you believe your employer terminated you unlawfully, contact JLG Lawyers to discuss your situation. We handle these cases on a contingency-fee basis; you pay no upfront attorney fees.
This article provides general educational information about California employment law. It is not legal advice, and the information presented does not determine whether any particular termination was unlawful.