Filing a wrongful termination claim in California involves several important steps, from exhausting administrative remedies to filing a lawsuit in court. Understanding this process is critical to protecting your legal rights.
The Azizi Firm guides clients through every step of the wrongful termination claims process, from initial filings with administrative agencies all the way through settlement or trial.
The first step depends on the type of claim. For most discrimination, harassment, and retaliation claims under California's Fair Employment and Housing Act (FEHA), you must first file a complaint with the California Civil Rights Department (CRD), formerly known as the DFEH. This is called exhausting administrative remedies, and it is a prerequisite to filing a lawsuit. You typically have 3 years from the date of the last discriminatory act to file with the CRD. For federal claims, you must file a charge with the Equal Employment Opportunity Commission (EEOC) within 300 days. An employment lawyer can help you determine the correct venue and ensure all required administrative steps are completed properly and on time.
You can file a complaint with the CRD online through their website, by mail, or in person at a CRD office. The complaint will require you to describe the discriminatory acts, identify the employer, and provide your personal information. You can file the complaint yourself or have an attorney file it on your behalf, which is strongly recommended. After filing, the CRD will review your complaint and may investigate. The CRD will issue a right-to-sue notice, after which you have one year to file a lawsuit in court. Alternatively, you can request an immediate right-to-sue notice without waiting for a CRD investigation, which allows you to proceed directly to court.
Once you receive a right-to-sue notice from the CRD (or EEOC), you have one year to file a lawsuit in California Superior Court. This deadline is strict — if you miss it, you may lose your right to sue permanently. Your attorney will then draft and file a complaint, which is the legal document that initiates the lawsuit. The complaint sets forth the facts of your case, the legal claims you are asserting, and the damages you are seeking. After filing, the complaint must be served on your former employer. The employer then has a set time (typically 30 days) to respond, either by answering the complaint or filing a motion to dismiss.
No. Administrative exhaustion is required for FEHA discrimination, harassment, and retaliation claims, which must go through the CRD. However, certain wrongful termination claims do not require administrative exhaustion and can be filed directly in court. These include: breach of employment contract claims, wrongful termination in violation of public policy (a common law tort claim), defamation claims, and certain whistleblower and retaliation claims under specific statutes. This is one reason it is critical to consult with an experienced employment lawyer — filing incorrectly can result in your case being dismissed on procedural grounds.
In a wrongful termination lawsuit, you can seek multiple categories of damages: economic damages including back pay (lost wages and benefits from termination to trial) and front pay (future lost earnings); emotional distress damages for mental suffering, anxiety, depression, and loss of enjoyment of life caused by the wrongful termination; punitive damages designed to punish the employer for particularly egregious conduct (available under FEHA and other statutes); and attorney fees and litigation costs, which are often recoverable by a prevailing plaintiff under FEHA. The specific damages available depend on the legal claims asserted in your case.
The timeline varies significantly depending on the case. The CRD investigation process can take several months to over a year if you do not request an immediate right-to-sue notice. Once a lawsuit is filed in court, cases typically take 1 to 2 years to resolve through settlement or trial, though complex cases can take longer. The discovery phase, where both sides exchange evidence and take depositions, is often the longest part of litigation. Many cases settle during mediation or after key depositions. Cases that go to trial take the longest. Your attorney can give you a more accurate timeline based on the specifics of your case and the courthouse where it is filed.
You are legally permitted to file a CRD complaint and even a lawsuit representing yourself (pro se), but it is strongly discouraged. Employment law is complex, with strict procedural requirements, filing deadlines, and legal standards that can be difficult for non-lawyers to navigate. Employers will almost always have experienced defense attorneys representing them. An experienced employment lawyer can evaluate the strength of your case, identify all viable legal claims, gather and preserve critical evidence, handle communications with the employer and agencies, calculate the full value of your damages, negotiate effectively for a fair settlement, and take your case to trial if necessary. Most employment lawyers, including The Azizi Firm, handle wrongful termination cases on a contingency fee basis, meaning you pay nothing unless you recover compensation.
If you were wrongfully terminated, contact The Azizi Firm for a free consultation. We handle every step of the claims process so you can focus on moving forward. We only get paid if you win.
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