Success Rates: How Often Are Wrongful Termination Cases Won?

Success Rates: How Often Are Wrongful Termination Cases Won?

For employees in California, being terminated from a job can have severe professional and financial consequences, especially if the firing was illegal and unjustified. While employment is generally “at-will,” workers have legal protections against wrongful termination under certain circumstances.

When your livelihood and reputation are threatened when an employer violating state or federal employment laws fires you, understanding your legal rights and options is imperative. Prevailing in a wrongful termination lawsuit presents challenges but is viable in many cases with proper evidence and legal strategy.

This article reviews success rates, key influential factors, and recommended steps to optimize your chances of winning a potential wrongful termination claim should you elect to pursue legal recourse against your former employer. With experienced guidance and preparation, favorable outcomes are within reach. Read how our wrongful termination lawyer can help out in these situations.

What Makes a Strong Wrongful Termination Case?

Not every termination is illegal. To have a credible wrongful termination case, there must be sufficient evidence that the firing violated your rights as an employee under California labor law. Some of the most common grounds that employment law attorneys see for potential wrongful termination claims include:

The quality and availability of evidence is key. A skilled wrongful termination lawyer can assess if an employee has grounds for a potential wrongful termination case in California.

How a Wrongful Termination Lawyer Can Help

Consulting with an attorney experienced in employment law is highly recommended if you suspect you have been unlawfully terminated. Legal counsel can provide assistance in the following ways:

  • Perform an initial case review to gauge the strength of the claim.
  • Outline the best legal approach moving forward.
  • Represent you in negotiations to reach a favorable settlement.
  • File a wrongful termination lawsuit on your behalf if necessary.
  • Build the strongest case possible to maximize your chances of a positive result.

Having skilled legal representation improves your odds of success in a wrongful termination case.

Wrongful Termination Case Success Rates

While every case is different, research provides insights into general success rates:

  • Per general estimates, around 90% of cases settle before trial. Taking a case to trial is costly and risky for employers, so many choose to settle.
  • survey found that of those who worked with an attorney, 64% received compensation with an average settlement of $48,800.
  • Of those who did not work with legal counsel in the Nolo survey, 30% received compensation with an average settlement of $19,200.
  • survey by Martindale-Nolo Research found that only 43% overall received compensation in the form of a settlement or court award.
  • The most successful group in the Martindale-Nolo Research survey had both witness testimony and written evidence to back their claims, with 63% receiving compensation.
  • Those who had only written evidence were successful in 50% of cases, and those who had only witness testimony were successful in 28% of cases.

As these statistics demonstrate, outcomes can vary substantially depending on factors like quality of evidence and legal counsel.

Maximizing Chances of a Successful Outcome

Based on experience handling these cases, TONG LAW recommends the following to maximize your chances of a favorable result:

  • Consult with a qualified wrongful termination attorney immediately after termination or threatened termination. Early response time is crucial. Working with an employment litigation attorney helps to build the strongest possible case.
  • Be aware of statutory deadlines. Discrimination charges, for example, must exhaust the administrative process and obtain a Right-to-Sue letter within 3 years in California.
  • Prioritize gathering tangible evidence to support the wrongful termination claim.

While never guaranteed, an informed strategy and seasoned legal advice optimize the likelihood of success in a wrongful termination case.

Get the Competitive Edge You Deserve in Your Wrongful Termination Case

If you believe you have been wrongfully terminated, the single most important step you can take is to contact a knowledgeable employment law firm that can evaluate your situation and build maximum leverage in your favor.

At TONG LAW, our law firm has extensive experience representing business professionals in wrongful termination and severance negotiations to get favorable results. We know exactly how to apply pressure on employers to recover full compensation. A wrongful termination lawyer with our firm has the skills and track record of wins at trial to maximize your chances if litigation becomes necessary.

Don’t go it alone against your former employer’s legal team. You need experienced advocates in your corner who can neutralize the employer’s advantage. Contact us today for a confidential case review.

Author Bio

Vincent Tong

Vincent Tong is the CEO and Managing Partner of TONG LAW, a business and employment law firm located in Oakland, CA. Vincent is a fierce advocate for employees facing discrimination and wrongful termination. With several successful jury trial victories and favorable settlements, he has earned a strong reputation for delivering exceptional results for his clients.

In addition, Vincent provides invaluable counsel to businesses, guiding them on critical matters such as formation and governance, regulatory compliance, and protection of intellectual property assets. His depth of experience allows him to anticipate risks, devise strategies to avoid legal pitfalls, and empower clients to pursue their goals confidently.

Vincent currently serves as the 2021 President of the Board of Directors for the Alameda County Bar Association and sits on the Executive Board for the California Employment Lawyers Association. Recognized for outstanding skills and client dedication, he has consecutively earned the Super Lawyers’ Rising Star honor since 2015, reserved for the top 2.5% of attorneys. He also received the Distinguished Service Award for New Attorney from the Alameda County Bar Association in 2016. He is licensed to practice before all California state courts and the United States District Court for the Northern and Central Districts of California.

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