Each year, hundreds of charges are filed against employers. Exact wrongful termination statistics are tricky to pinpoint as EEOC statistics are broken down by the type of charge. In California, age discrimination alone accounted for 971 filings. That’s not all. Disability accounted for 1,716; retaliation accounted for 2,549 cases; and sexual discrimination accounted for 1,778 cases. 

Nationally, only 3% of age-related cases lead to a successful merit resolution. The success rate for disability discrimination was 4.5%. Retaliation was slightly lower at 4.1%. Sexual discrimination had the highest success rate of 4.9%. Still, those successful resolutions were less than 5%. 

Those are just a few reasons for wrongful termination. Jobs can be terminated because of your race, religion, gender, or request for pregnancy accommodations or fair wages.

No matter what reason is behind your termination, a strong case is everything. It’s key to winning a wrongful termination lawsuit, but it’s a process that requires an understanding of the process, and working with an employment law firm is the best way to win your complaint. Here’s what happens once you decide to work with an attorney.

The Consultation

The best chance for a successful wrongful termination claim is to seek legal advice. Don’t let fears of affording a lawyer keep you from seeking legal assistance. Shegerian Conniff makes this easy by offering free consultations, and we don’t charge anything unless we win your case. 

During this consultation, you’ll go over your termination. Gather any evidence you have, such as emails, co-worker statements, and employment contracts that show how terminations are to take place. The more evidence there is of a wrongful termination, the stronger your case.

During your initial consultation, have a list of questions you want to ask. Some of the most popular questions are:

• Do you have any client testimonials that I can read?
• Do you have trial experience?
• Do we stay in touch via phone or is email an option?
• Does my complaint have to go to court, or are there other options?
• Have you handled other wrongful termination cases? How many?
• How long will my case take?
• What are the likely outcomes if my case goes to court?
• What percentage of a judgment do you keep as your fee?
• When do you collect payment?
• Where did you go to law school? How long have you practiced employment law?

The Investigation

Once you’ve chosen your attorney, the investigation into your claim begins. Evidence is gathered and witnesses are identified. If you have performance reviews, they’re examined. 

During this time, your legal team will start digging through your employment contract, if you have one, and checking how the laws apply in your situation.

Be prepared to spend time finding additional forms, contracts, or paperwork that your attorney requests. The list may change as the case progresses, so additional information is gathered as quickly as possible to determine if there’s a strong enough case.

Filing a Lawsuit

Once your attorney decides you have a valid complaint, the documentation outlining your claim is drawn up and sent to your employer or your employer’s legal team. Sit back and wait for your employer’s response. While you wait, your attorney begins building the case and enters into the pre-trial phase. Your employer’s legal team does the same.

Pre-Trial Events

At this point, any legal motions, such as a motion to dismiss, or the possibility for mediation or arbitration are made. Your employer may agree to a settlement to avoid having the company’s name show up negatively in the media. 

If a resolution or settlement offer is made before going to trial, it can be advantageous because it’s faster. It may not be as much as you’d get with a trial, but that can be a gamble. You could end up with nothing. You need to talk to your attorney about the pros and cons of each option.

Your lawyer also starts preparing for the possibility of a trial. Evidence is reexamined, witnesses are identified, and legal arguments are drafted. Think of it as a dress rehearsal.

The Trial

If your case goes to trial, the first step depends on whether or not there’s a jury. If the trial is not taking place in front of a jury, there’s no need for a jury selection as the judge makes the final decision. 

For cases that involve a judge and jury, the next step involves selecting jurors. Your attorney must find impartial jurors who will not have pre-established biases. The defense also participates in jury selection, and they’ll be looking for jurors who meet their needs.

Once the jury is chosen or a judge is set, the trial dates are set to accommodate the judge’s schedule and courtroom availability. Both sides present their case in front of the judge and jury. After opening statements, the trial gets underway.

Each day, witnesses are called to give their testimony and answer questions asked by both your attorney and the defense attorney. Evidence is presented at the appropriate time. After both sides call their witnesses, closing arguments are made. 

After that, the jury deliberates to determine if your legal team proved you were wrongfully terminated or not. If the judge is the one deciding the case, the judge takes time to look over the evidence and witness statements and decide the outcome.

Final Ruling and Possible Appeals

After the jury deliberates and returns a verdict, you return to the courtroom. The same happens if the judge is the person deciding whether you were wrongfully terminated. The final ruling is read in court and that sets the stage for the next steps.

If the court ruled in your favor, your compensation is determined and awarded to you. If you lose, you have the chance to appeal the decision. Your employer also has the chance to appeal if the court rules against them. An appeal starts the process over, which means more time, so it’s not necessarily the way you want things to go.

Shegerian Conniff Is Here for You

We understand the frustration that comes from being terminated from your job unfairly or illegally. Wrongful termination lawsuits are difficult, both emotionally and financially. You may have to take days off from a new job to be in court or you don’t have an income right now and are burning through your savings.

We’ve helped many people in your situation. Our team is here to help you through each step of a wrongful termination case, and we’ve helped our clients win millions through court verdicts and settlements. Reach us online at your schedule and we’ll help you get started.