5 Things To Do If You Believe You Were Wrongfully Terminated

Nobody likes to be fired or “let go,” no matter the circumstances. It means a loss of income and, therefore, a financial strain while you try to find something else. If you were fired unlawfully, then you may be entitled to compensation to remedy this financial strain. In some cases, employees who were wrongfully terminated may even be reinstated to their old jobs.

Wrongful terminations must be filed within a certain time frame, and unfortunately, the deadline is based on the individual circumstances of your case. It may be as low as 6 months or as long as 3 years from the date of termination.

If you were wrongfully terminated from your role, then follow the following 5 steps to create a strong case against your employer.

Step 1: Stay Calm

It is an emotional time, but you must do your best to stay calm and remain positive about the outcome. Any emotional outbursts such as angry emails, yelling, or stealing company property will significantly hurt your case. It may also result in your employer filing a lawsuit against you. At the very least, remaining calm will help you when you’re searching for employment in the future. Your outburst when fired may come up in reference checks or if you end up working with a former colleague.

Stay calm during the process and be polite to your employer and colleagues when you are terminated. Nothing you do will make your employer change their mind, so there is no use getting angry or listing all the things you have done for your employer. Instead, focus on following the steps your employer gives you and then finding a California employment lawyer to see if you have a wrongful termination case.

Step 2: Seek an Explanation About Why You Were Terminated

Look into why you were fired from your role. Your supervisor may give you a vague reason when they fire you, but there is often a deeper reason. If you suspect that there are other reasons than the one given, do a little bit of digging to find out the real reason you were terminated.

In California, it is illegal to fire an employee for any of the following reasons:

Breach of contract
Retaliation
Harassment
Discrimination
Other things protected by state and federal law or public policy

If you believe that the real reason for being fired was an illegal reason, or you can at least provide evidence that proves that it could have been a factor, then you should speak to a California employment lawyer. They can help you to do more evidence gathering and file a wrongful termination claim.

To find out the reasons why you were fired, ask the company why you were fired and for a copy of your personnel file. Any piece of evidence you can collect may help when building a wrongful termination case.

Write down any circumstances that you believe may have played a part in the decision to fire you. Create a timeline of events as far as you are aware that lead up to your termination. Write down who was involved in situations and who may have witnessed them. If you can remember dates and times that things happened, write them down too.

Step 3: Collect Evidence

Your wrongful termination lawsuit will hinge on the evidence that you present to support your claim. If you believe you have been unlawfully fired, then you need to collect as much evidence as possible. Start by creating a timeline of events that you know about that may have contributed to your wrongful termination. Once you have done that, look for evidence that you may have. These could be in the form of text messages, photos, emails, voicemail messages, etc. Write down anyone who may have witnessed these or been copied into the emails. If you had conversations with anyone about your concerns, then write down when they happened and who you spoke to.

The quality of the evidence you provide will be the determining factor of the wrongful termination lawsuit. These types of cases are a matter of the employer is saying they fired you for X and you are saying they actually fired you for Y, which is illegal. The court must decide based on the evidence that both parties present, which is the truth.

You need to do this step within a few days of being fired before your memory fades. If you wrote down concerns or were keeping a record of incidents before this, refer back to that record when writing your recollections. If there were eyewitnesses to events, consider contacting them to ask them if they remember the incident and if they have any additional information about it.

Step 4: File a Complaint

Depending on the circumstances of the wrongful termination, there are a number of agencies you may file your wrongful termination suit. Choose the agency you file with carefully as it may affect the outcome. If you are uncertain which agency is best, contact an employment lawyer to help you with the process.

The most common agencies that handle wrongful termination claims are:

Harassment, retaliation or discrimination claims – File your claim either with the Equal Employment Opportunity Commission or California Department of Fair Employment and Housing. The EEOC will handle harassment, retaliation, and discrimination claims for most laws, including ADA and the Civil Rights Act. The DFEH will handle wrongful termination claims under the FEHA.
Unsafe workplace claims – If you filed a complaint about unsafe working conditions or practices and were fired in retaliation, then you can file a wrongful termination claim with OSHA or Department of Occupational Safety and Health. The one you choose will depend on the agency you filed the original unsafe workplace claim with.
Whistleblower claims – If you were terminated after engaging in an activity protected by the Sarbanes-Oxley Act, then you can file a wrongful termination claim with the US Department of Labor.
Equal pay claim – If you raised concerns about the Equal Pay Act to your employer and were fired as a result, you can file a wrongful termination claim with the EEOC or California Labor Commissioner’s Office

The above agencies are some of the main agencies that investigate wrongful termination claims based on harassment, discrimination, or retaliation. They will tell you if you have a claim or not and will help you to resolve the issue. In some cases, they may help you through the settlement process or a lawsuit.

For some claims, you may have the option of filing a wrongful termination claim with a number of agencies. If so, consult with your employment lawyer as to which one will be best. Each agency will have different filing deadlines, procedures, and may even have different penalties or compensation. Your attorney will help you to determine which will get you the best result.

Step 5: File a Lawsuit

Plaintiffs in most wrongful termination claims will need to still file a lawsuit. There may be two reasons for this:

The plaintiff decided to file a lawsuit instead of filing a claim with an agency
The agency was not able to reach a settlement between the employer and former employee

Whichever the case may be, your employment attorney can help you collect the evidence you need to file a wrongful termination lawsuit.

Most employment lawyers offer free consultations so that potential clients can meet them and tell them about the situation. From there, the employment attorney will advise you whether or not you have a case and how to proceed. They will talk you through whether a settlement will be more beneficial or a lawsuit. Generally, a settlement will resolve the situation quickly and allow you to move on. It will prevent you from filing any related claim against your former employer in the future.

If you choose to pursue a lawsuit, you may receive more compensation than you could claim in a settlement. The court may choose to award back pay and other benefits that you would have received if you were not terminated. In some cases, the court may even rule that you should be reinstated to your former job if you want to.

There are several avenues open to you if you were wrongfully terminated. Consult an employment attorney to talk through the pros and cons and what they would mean for your case.

If you suspect that you were wrongfully terminated for a reason other than the one your employer is providing, gather evidence and speak to an employment lawyer. They will be able to tell you what your rights are and what options are available. It is better to speak to an attorney than wonder if you may have had a case.

Speak To an Employment Lawyer

Call Nakase Wade to speak to one of our skilled employment lawyers about your wrongful termination. We are based in California and offer free consultations so that you can seek advice about your situation. Our consultations are confidential and sympathetic to your worries.

What Is a Pay Stub and Why It Matters for Employees and Employers

Pay stubs detail wages, deductions, and taxes, helping employees track earnings and employers comply with state payroll regulations. They support loan applications, reduce payroll disputes, and are required or regulated in many states across the U.S.

What Are the Proper Steps to Fire Someone in California?

Terminating an employee in California requires following legal guidelines, maintaining professionalism, and ensuring proper documentation. This guide outlines lawful termination reasons, key procedural steps, and best practices to reduce legal and financial risks.

How Long Does a Misdemeanor Stay on Your Record in California?

A misdemeanor conviction in California stays on public record indefinitely but may be eligible for expungement under specific conditions. Background checks typically show misdemeanor convictions for seven years, but expungement can remove them from most employment screenings.

How Do I Prepare a Script for Firing Someone?

Learn the professional steps for firing an employee, from preparing a script to handling emotional reactions. Understand the proper procedures, reasons, and communication techniques to ensure a smooth and respectful termination.

What Is Involved in a PAGA Lawsuit?

PAGA lawsuits allow employees to file claims for labor code violations on behalf of themselves and others in California. Employers can face significant penalties, prompting many to settle to avoid costly judgments.

What Are the Rules for 10-Minute Breaks?

California law mandates two paid 10-minute breaks and a 30-minute unpaid meal break for an eight-hour shift. Employers who fail to provide required breaks may face penalties, and employees can seek legal action for compensation.

Can I Work Six Hours Without a Lunch Break?

California law requires a 30-minute meal break for shifts over five hours, but employees can waive it if working exactly six hours. Employers must comply with strict labor laws, ensuring uninterrupted meal breaks and legal protections for workers.

What Can I Do If My Employer Didn’t Pay Me on Payday?

Employers in California must pay workers on time, or they may face penalties of up to 30 days' wages for delays. Employees can file wage claims, seek legal assistance, or report violations to the California Labor Commissioner's Office for unpaid wages.

What Qualifies as a Hostile Work Environment in California?

Employees in California facing severe or persistent harassment based on protected traits may have legal options under state and federal laws. Filing a complaint with the California Civil Rights Department or consulting an employment attorney can help protect workplace rights and seek compensation.

When Is a Doctor’s Note for Work Required in California?

California employers generally cannot demand a doctor's note for sick leave, but exceptions exist under specific laws and circumstances. Legal conflicts persist, and employers may require medical documentation for disability accommodations, FMLA leave, or other valid reasons.

What Does California Law Say About Final Paycheck Rules?

California law mandates that final paychecks be provided promptly, with termination pay due immediately and resignation pay within 72 hours. Employers must include all owed wages, expenses, and accrued benefits, with penalties for late or incomplete payments.

Can an Employer Deny a Doctor’s Note?

An employer may deny a doctor's note if the absence does not qualify for legal protections under disability or family leave laws. Employers must evaluate medical documentation, employee statements, and applicable laws before considering disciplinary action.

How Much Can You Sue an Employer for Misclassification?

An employer's misclassification tactics can deny you fair wages, benefits, and legal protections. You may be entitled to compensation, including back pay, retirement contributions, and potential punitive damages, by pursuing legal action.

How Serious Is an EEOC Complaint?

An EEOC complaint can lead to costly legal battles, reputational damage, and mandatory policy changes for businesses. Employers may face financial penalties, investigations, and compliance requirements, impacting operations and workforce morale.

Do You Have Sample Letters for Termination of a Contract?

A contract termination letter formally ends a business agreement while protecting interests. This guide outlines key steps, considerations, and sample letters.

What Is a WARN Notice in California?

The California WARN Act requires businesses with 75 or more employees to provide 60 days' notice before mass layoffs, plant closures, or relocations. Noncompliance can lead to fines, back pay, and healthcare costs, making adherence essential for legal and financial stability.

What Is FICA and How Does It Impact Payroll Taxes?

FICA is a payroll tax that funds Social Security and Medicare, requiring contributions from both employers and employees. Employers must withhold, match, and submit FICA taxes while following IRS guidelines on deposit schedules, wage bases, and additional Medicare tax requirements.

What Is At-Will Employment and How Does It Impact Employee Rights?

At-will employment allows employers and employees to end their working relationship at any time without cause, impacting job security and flexibility. While it provides businesses with staffing flexibility, employees face fewer legal protections and potential job instability.

Employers Should Exercise Caution When Terminating Employees After Disability Leave

Employers should exercise great caution when considering whether to terminate an employee who is on leave. Employers are cautioned not to automatically terminate employment solely because an employee has used or exhausted their disability leave entitlement.

What Is FUTA? 2025 Rates and How to Calculate FUTA Tax

The Federal Unemployment Tax Act (FUTA) imposes a payroll tax on businesses that have employees, collecting revenue that funds unemployment benefits.

What Is the Difference Between a 1099 Contractor and an Employee?

A 1099 contractor operates independently, covering their own taxes and expenses, while a W-2 employee receives benefits and employer tax contributions. Misclassifying workers can result in fines, making it essential to assess control, financial arrangement, and job nature before classification.

How Do Contractors Typically Get Paid? Payment Methods and Legal Guidelines

Contractors receive payments through direct deposits, checks, payroll services, or online transfers, following legal and tax regulations. Proper classification, documented agreements, and compliance with IRS reporting ensure smooth transactions and avoid penalties.

What Is the Definition of a Non-Exempt Employee?

Non-exempt employees are entitled to overtime pay and must earn at least the federal minimum wage under FLSA regulations. Unlike exempt workers, they are typically paid hourly and receive 1.5 times their wage for extra hours.

Can Union Representatives Be Present at Disciplinary Meetings?

Employees have the right to request a union representative during investigative interviews that may lead to disciplinary action. Employers must comply or face potential labor law violations under the National Labor Relations Act.

What Is an FTE (Full-Time Equivalent)?

A full-time equivalent (FTE) measures employee work hours, combining part-time and full-time schedules into a standardized metric. Businesses use FTE calculations for staffing, budgeting, and compliance with regulations like the Affordable Care Act.

What Are the Signs of Unfair Treatment at Work?

Unfair treatment at work includes discrimination, pay gaps, and biased promotions, impacting employees' well-being and career growth. Recognizing signs like harassment, favoritism, and wrongful termination helps employees take action against workplace discrimination.

What Is a Statutory Employee on a W-2 Form?

A statutory employee is a self-employed worker classified as an employee for tax withholding purposes, receiving a W-2 instead of a 1099-MISC. These workers can deduct business expenses on Schedule C but typically do not receive traditional employee benefits like health insurance or retirement plans.

What Laws Protect Employees From Workplace Bullying

1,193