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Step-by-Step Guide to Determining the Value of a Wrongful Termination Case in California

May 6, 2023

If you have been wrongfully terminated from your job in California, you may be entitled to financial compensation. Determining the value of a wrongful termination case can be a complex process, as it depends on a number of factors, such as the specifics of the case, the damages you have suffered, and the strength of the evidence. In this blog post, we’ll outline the step-by-step process for determining the value of a wrongful termination case in California.

Step 1: Review your employment contract or company policies.

The first step in determining the value of a wrongful termination case is to review your employment contract or company policies. Your contract or policies may outline the specific circumstances under which you can be terminated, as well as any severance pay or benefits you are entitled to upon termination. If you have a contract which does not specify the terms of your termination or any severance pay, it’s important to ask your employer for this information in writing.

Step 2: Calculate your damages.

To determine the value of a wrongful termination case, you will need to calculate the damages you have suffered as a result of the termination. This may include lost wages and benefits, as well as any other economic losses, such as the cost of finding a new job. You may also be able to recover non-economic damages, such as emotional distress or damage to your reputation. Punitive damages may also be recoverable if your employer’s managing agents, directors, or supervisors engaged in or ratified malicious or fraudulent conduct.  If you retain an attorney, you may also recover other forms of damages such as attorneys’ fees.

Step 3: Consider the strength of your case.

The strength of your case is another important factor in determining its value. If you have strong evidence to support your claim, such as documentation of discrimination or retaliation, this may increase the value of your case. On the other hand, if your case is weaker, this may decrease the value.

Step 4: Review any settlement offers.

If your employer has made a settlement offer, it’s important to review the offer carefully and consider whether it is fair. An experienced employment attorney can help you evaluate the offer and advise you on whether it is a good resolution to your case.

Step 5: Consider your options for pursuing a claim.

If you decide to pursue a claim for wrongful termination, you will need to consider your options for doing so. You may be able to resolve the matter informally through your employer’s internal complaint process, or you may need to file a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). Alternatively, you may be able to file a lawsuit in court. Your attorney can advise you on the best course of action based on the specific circumstances of your case.

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    Danny Yadidsion

    Labor Law PC

    Top rated employment and labor attorney in Los Angeles, California