Wrongful Dismissal: Can You Sue Your Employer?

Wrongful dismissal, also known as wrongful termination, occurs when an employer unlawfully fires an employee, violating their legal rights. Grounds for wrongful dismissal often include discrimination, retaliation, breach of contract, or violation of public policy. If your employment has been wrongfully terminated, you may be entitled to sue your employer for compensatory and punitive damages, including lost wages (back pay and front pay), and emotional distress. 

What Constitutes Wrongful Termination?

Wrongful termination happens when an employee is fired for reasons that breach federal or state laws or their employment contract. Common examples include firing based on race, gender, age, or in retaliation for whistleblowing or exercising legal rights, such as taking protected pregnancy or family leave.

Steps to Sue for Wrongful Termination

1. Consult an Employment Law Attorney

Before taking legal action, it’s essential to consult with an employment law attorney who can evaluate your case and guide you through the legal process.

2. File a Claim with the DFEH/EEOC

In many cases, you must first file a claim with the Department of Fair Employment and Housing (DFEH) or Equal Employment Opportunity Commission (EEOC) before you can sue your employer. This step is crucial in cases involving discrimination, harassment and/or retaliation.

3. Gather Evidence

Building a strong case involves gathering evidence, including emails, performance reviews, witness statements, and any documentation that supports your claim.

4. Determine Damages

Assess the damages you’ve suffered, such as lost wages, benefits, and emotional distress, to determine the compensation you should seek.

5. Litigation or Settlement/Severance

Your attorney will advise whether to pursue a lawsuit or negotiate a settlement/severance with your employer.

How Girard Bengali Can Help

At Girard Bengali, our employment litigation attorneys in California specialize in representing employees in wrongful dismissal cases and have recovered tens of millions of dollars in settlements and verdicts. We understand the complexities of employment law and are committed to ensuring that your rights are protected. If you believe you’ve been wrongfully terminated, our experienced Los Angeles attorneys can help you navigate the legal process and fight for the compensation you deserve.

For more information on wrongful termination and your rights as an employee, visit the EEOC website.