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Strategies for Establishing Your Case for Wrongful Termination

June 25, 2024

Being wrongfully terminated from your job is not only professionally and financially disruptive but can also be a deeply unsettling experience. Proving wrongful termination requires a well-structured approach to demonstrate that your dismissal violated federal or state laws, breached your employment contract, or contradicted your employer’s own policies. This comprehensive guide merges key points from our previous discussions to elaborate on building a substantial case for wrongful termination.

Understanding the Basis of Wrongful Termination

A wrongful termination case can be built on various grounds, including but not limited to:

  • Discrimination: Dismissal based on race, gender, age, disability, or other protected characteristics.
  • Retaliation: Termination following an employee’s participation in protected activities, like filing a harassment complaint.
  • Contract Violations: Dismissals that do not comply with the terms outlined in an employment contract.
  • Violation of Legal Leave: Termination for taking legally protected leaves, such as under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA).

Proving Discrimination or Retaliation

  • Direct Evidence: Collect any direct statements or communications that suggest discrimination or retaliation.
  • Performance History: Leverage past positive performance reviews to counter any alleged performance-related reasons for termination.
  • Timing of Events: Establish a timeline to demonstrate proximity between the protected activity and your termination.

Breach of Contract and Violation of Company Policies

  • Employment Contracts: If you have a written contract, point to the specific terms that dictate the conditions for termination and how these were breached.
  • Company Policy: Use the employee handbook or written policies to show how the company failed to adhere to its established processes during your dismissal.

Comprehensive Documentation

  • Employment Records: Include all documentation related to your employment, such as contracts, employee handbooks, correspondence, performance evaluations, and any disciplinary records.
  • Witness Statements: Obtain written statements from colleagues or superiors who can support your claims about unlawful termination practices or workplace incidents.

Legal Framework and Filing Complaints

  • Familiarity with Laws: Be aware of the laws that govern wrongful termination, including both federal statutes and state-specific laws.
  • Agency Complaints: File complaints with relevant agencies like the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department as necessary.

Seeking Professional Legal Guidance

  • Employment Attorney: Engage an attorney who specializes in employment law to guide you through the process and help you collect the right evidence.
  • Quantify Damages: Work with your attorney to determine the full extent of your economic and non-economic damages.

Avoiding Pitfalls

  • Severance Agreements: Don’t sign any severance agreements or waivers without consulting your attorney.
  • Public Statements: Maintain professionalism and refrain from public comments that could adversely impact your claim.


Crafting a compelling wrongful termination claim is about piecing together a narrative supported by concrete evidence, meticulous documentation, and a clear understanding of legal nuances. It often requires the strategic collection of correspondence, performance records, witness statements, and expert legal insights.

Remember, the goal is not just to prove that your termination was unfair, but rather that it was unlawful. Each element, from the timing of events to the legal arguments presented, plays a vital role in strengthening your case. With the right approach and experienced legal assistance, you can assert your rights and seek justice for wrongful termination.

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    Danny Yadidsion

    Labor Law PC

    Top rated employment and labor attorney in Los Angeles, California