# How Often Do Wrongful Termination Cases Succeed? | Omega Law Group How often wrongful termination cases win depends on the legal basis for the claim, the evidence, and how the case ends, so no single reliable percentage can predict your outcome. A claim may end in a settlement, a court ruling, or a jury verdict, and each one counts differently in reported statistics. A [West Hollywood wrongful termination lawyer](https://www.omegalaw.com/west-hollywood/wrongful-termination-lawyer/) at Omega Law Group Accident & Injury Attorneys can review the reason your employer gave for firing you and the records you have. ## Why Is There No Single Win Rate for Wrongful Termination Cases? There is no single win rate for wrongful termination cases because few claims reach a verdict: in 2006, only 3% of federal civil rights cases ended in a trial, according to the [Bureau of Justice Statistics (BJS)](https://bjs.ojp.gov/content/pub/pdf/crcusdc06.pdf). Employment discrimination made up about half of federal civil rights filings from 1990 to 2006, per the same report. You may see one percentage presented online, including in AI-generated answers, as the odds of winning a wrongful termination case. That kind of figure usually counts only trials, which leaves out the settlements and dismissals that end far more cases. BJS found plaintiffs won about a third of federal civil rights trials from 1990 to 2006, but that rate covers a small slice of cases. Instead of relying on a general statistic, Omega Law Group can review the facts that decide whether your wrongful termination case can win, including the law your employer may have broken and the evidence available to prove it. ## What Counts as Winning a Wrongful Termination Case? Winning a wrongful termination case can mean a negotiated settlement, a court judgment, or a jury verdict, depending on the claim and how far it goes. Each can address losses such as unpaid wages and lost benefits, which our page “[What can I get if I sue for wrongful termination](https://www.omegalaw.com/faqs/what-can-i-get-if-i-sue-for-wrongful-termination/)?” covers in more detail. The result also depends on your goals. One person may want back pay above all, while another may care more about resolving the dispute without a trial. Omega Law Group can explain which outcomes may be available in your case and how each one fits what you want. ### Hurt in an accident? Our personal injury lawyers are here to help. [![Telephone Icon](https://www.omegalaw.com/wp-content/themes/omega-rebuild/assets/app/svg/telephone-white.svg)(310) 526-8383](tel:+13105268383) ## Which Wrongful Termination Claims May Succeed? The wrongful termination claims that may succeed in California are those tied to a legal violation, such as discrimination under [Gov. Code § 12940](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode%3DGOV%26sectionNum%3D12940), whistleblower retaliation under [Labor Code § 1102.5](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode%3DLAB%26sectionNum%3D1102.5), or a breached employment contract. A firing is not unlawful just because it was unfair or unexpected. The reason for the firing shapes the case. A discrimination claim may turn on how the employer treated coworkers outside your protected group, while a retaliation claim may turn on how soon the firing followed your complaint or leave request. Our lawyers at Omega Law Group can help you identify which legal protection, if any, applies to what happened to you. ## What Evidence Can Strengthen Your Case? Evidence that can strengthen your case is any record that connects the firing to an unlawful reason or shows that your employer’s stated reason doesn’t match its actions. Useful records may include: - Written communications that explain the employer’s stated reason for firing you. - Performance reviews, disciplinary notices, and employment policies, particularly if they show whether the employer applied its rules consistently. - Records showing when you reported a concern or requested a legally protected accommodation or leave. - Names of people who witnessed relevant statements or events. Keep records you are entitled to possess, but don’t take confidential materials you aren’t authorized to access. Omega Law Group can advise you on what to preserve and how to obtain other evidence through the legal process, including discovery after a lawsuit is filed. ### Injured in an accident? Our personal injury lawyers are here to help. [![Telephone Icon](https://www.omegalaw.com/wp-content/themes/omega-rebuild/assets/app/svg/telephone-white.svg)(310) 526-8383](tel:+13105268383) ## How Do Settlements Affect Reported Win Rates? Settlements lower reported win rates because a settled case usually isn’t counted as a courtroom win, even when the employee receives payment. In 2006, out-of-court settlements accounted for 37% of federal civil rights case outcomes, according to the BJS. Settlement talks can also start before any lawsuit. The [California Civil Rights Department (CRD)](https://calcivilrights.ca.gov/complaintprocess/) typically requires the parties to try mediation before it files a lawsuit on a complaint. A settlement’s value depends on its terms, the risks of continuing, and what matters to you, so comparing settlements with verdicts alone can mislead. Omega Law Group can weigh a settlement offer against your evidence and the risks of trial, so you can decide with a clear view of both. ### Have you been involved in an accident? [![Telephone Icon](https://www.omegalaw.com/wp-content/themes/omega-rebuild/assets/app/svg/telephone-white.svg)(310) 526-8383](tel:+13105268383) ## What Can Make a Wrongful Termination Claim Harder to Prove? A wrongful termination claim can be harder to prove when the employer offers a lawful explanation, and the records don’t show it was a cover for an illegal reason. Missing documents, conflicting accounts, or a long gap between your protected activity and the firing can also weaken your case, depending on the facts. Evidence that the employer’s explanation changed over time, or that it treated similar employees differently, may help. If a case filed in Los Angeles County Superior Court goes to trial, a judge or jury weighs both sides’ accounts. Omega Law Group can show you where your evidence is strong and where it may need support. ## What Should You Do After You Are Fired? After you are fired, write down what happened while the details are fresh, including dates, conversations, and the reason your employer gave. Preserve records of your pay, benefits, and job search, and have a lawyer review any severance or release agreement before you sign, since it may give up your right to bring a claim. Filing deadlines can end a claim before anyone hears its merits. Common California deadlines include: - Three years from the last harmful act to file an employment complaint with the CRD under [Gov. Code § 12960](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode%3DGOV%26sectionNum%3D12960), online or at [800-884-1684](tel:800-884-1684). - One year from a CRD right-to-sue notice to file your lawsuit, under [Gov. Code § 12965](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode%3DGOV%26sectionNum%3D12965). - One year from the firing, with some exceptions, to file a retaliation complaint with the [California Labor Commissioner’s Office](https://dir.ca.gov/dlse/RetaliationComplaintProcedure.htm) under [Labor Code § 98.7](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode%3DLAB%26sectionNum%3D98.7). - Two years to sue for wrongful termination in violation of public policy, under [Code Civ. Proc. § 335.1](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode%3DCCP%26sectionNum%3D335.1). Federal discrimination charges go to the [EEOC Los Angeles District Office](https://www.eeoc.gov/field-office/losangeles). If your employer is a city, county, or other public entity, some claims may require a government claim within six months under [Gov. Code § 911.2](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode%3DGOV%26sectionNum%3D911.2), though FEHA claims follow the CRD process instead. Omega Law Group can confirm which deadline applies to you. ## Wrongful Termination Case FAQs These answers cover common follow-up questions about wrongful termination claims in California. ### Can You Sue for Wrongful Termination If You Were an At-Will Employee? Yes, you can sue for wrongful termination if you were an at-will employee, because [Labor Code § 2922](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode%3DLAB%26sectionNum%3D2922) lets California employers end at-will employment without a reason but not for an illegal one. A common belief holds that at-will status bars any claim. It doesn’t; it shifts the focus to whether the real reason for the firing broke a law. ### How Long Does a Wrongful Termination Case Take? A wrongful termination case can take a year or longer; federal employment discrimination cases took a median of 11 to 13 months from filing to disposition between 1990 and 2006, according to the BJS. Cases that go to trial may take longer, and the CRD process before a lawsuit can add time. ### Do You Have to File With the Civil Rights Department Before Suing? Yes, you have to file with the Civil Rights Department before suing for employment discrimination under California’s Fair Employment and Housing Act (FEHA), and you need a right-to-sue notice from the CRD before going to court. You can request an immediate right-to-sue notice if you don’t want the CRD to investigate. ## Talk to Us About Your Chances of Winning a Wrongful Termination Case No general statistic can tell you how often wrongful termination cases like yours win; a review of your facts can. [Omega Law Group](https://www.omegalaw.com/our-firm/) was founded in 2016, and our clients have our personal cellphone numbers, so you can reach your lawyer directly. If you believe you were fired for an unlawful reason, contact Omega Law Group for a free consultation about your termination and the deadlines that apply. We take calls 24/7, offer help in Spanish, and can travel to meet you for your consultation. --- Source: https://www.omegalaw.com/faqs/how-often-do-wrongful-termination-cases-win/