What to Know

How Long Does A Wrongful Termination Case Take?

If you believe you have been wrongfully terminated by your employer, call us at 888-762-0297 to discuss your situation.

We are here to help, and your consultation with an attorney will be free, informative, and confidential.

We can help clients everywhere in California.

What is a Wrongful Termination?

Wrongful termination is a type of employment law claim that occurs when an employee is fired or laid off in violation of the law. Several circumstances may give rise to a wrongful termination claim, including discrimination, retaliation, breach of contract, and violation of public policy.

If you believe that you have been wrongfully terminated, you may be able to file a lawsuit to seek remedies such as lost wages, damages, and other compensation with the help of an attorney for employees in California.

How long can a wrongful termination case take?

The length of a wrongful termination case can vary greatly, depending on the case's complexity, the evidence's availability, and the parties' willingness to reach a settlement. Generally, a wrongful termination case can take several months or even years to resolve.

What are the steps in a wrongful termination lawsuit?

There are several steps involved in a wrongful termination lawsuit, discussed next.

Administrative process or agency complaints

Before filing a lawsuit in court, you may need to go through an administrative process or file a complaint.

For example, suppose you believe you have been wrongfully terminated due to discrimination. In that case, you may need to file a complaint with the Department of Fair Employment and Housing (DFEH) in California or the Equal Employment Opportunity Commission (EEOC) at the federal level. These agencies may investigate your complaint and attempt to resolve the matter through mediation or other means.

Filing the lawsuit in court

If the administrative process or agency complaint does not resolve the matter, you may be able to file a lawsuit in court. This involves preparing and filing a complaint with the court, which outlines the details of your claim and the remedies you seek.

Discovery Process

After the complaint has been filed, the parties will engage in a process called discovery, during which they will exchange information and documents related to the case. This may involve depositions, requests to produce documents, and other legal procedures.

Statute of limitations for a wrongful termination case

It's important to note that there is a statute of limitations for wrongful termination cases. This is a deadline by which you must file your claim or be barred from doing so. The statute of limitations on wrongful termination claims will vary depending upon the type of claim you are bringing and the jurisdiction in which you are filing.

For example, in California, there is a three-year deadline to file an administrative complaint with the Department of Fair Employment and Housing (DFEH) for wrongful termination claims, and this includes terminations in retaliation.

Once you receive a right-to-sue letter from the DFEH, there is a one-year deadline to file a civil suit. If a termination is based on a breach of a written agreement, the deadline is four years or two years if it was an oral agreement. There is a two-year deadline for terminations that are in violation of public policy. Note that some exceptions exist, so it's important to consult with an experienced employment lawyer to determine the applicable statute of limitations for your case.

A wrongful termination case can take several months or even years to resolve, depending on the case's complexity, the availability of evidence, and the willingness of the parties to reach a settlement. It's important to be aware of the applicable statute of limitations for your case and to seek the guidance of an experienced employment lawyer to help you navigate the legal process.

For more information

For additional information, you are welcome to call us at 888-762-0297 and ask to speak with an employment law attorney.

We take all cases on contingency. We also advance all costs - which are only reimbursed if we successfully recover for you.

When we know your situation better, we can advise you about your rights.

We offer a free consultation and represent clients everywhere in California including Los Angeles, Eureka, Sacramento, San Diego, San Bernardino, Oakland, Santa Clara, San Francisco, San Jose, Oakland, Orange County, and Northern and Southern California.

Last updated on February 16, 2023.