Published by Most wrongful termination cases settle within 3 to 8 months, with an average payout of $48,800. However, more complex cases that go to trial can take 1 to 3 years.
The timeline depends on several factors, including the case’s complexity, court schedules, and whether a settlement is reached.
While many cases resolve quickly, those that proceed to trial often take significantly longer. Get answers about your specific case timeline below.
Table Of Contents
- How Long Does a Wrongful Termination Case Take? A Step-by-Step Breakdown
- How Long Do Most Cases Take?
- Stages of a Wrongful Termination Case
- 5 Common Types of Wrongful Termination Lawsuits
- What to Do If You’ve Been Wrongfully Terminated
- How Likely Are You to Win a Wrongful Termination Case?
- What Makes a Strong Wrongful Termination Lawsuit?
- FAQs
- Get a Free Lawsuit Evaluation With Our Lawyers
How Long Does a Wrongful Termination Case Take? A Step-by-Step Breakdown
Wrongful termination cases can vary significantly in length, depending on several factors. Some cases settle quickly, while others take years to resolve, especially if they go to trial.
If you have been wrongfully terminated, knowing what to expect can help you prepare for the legal process ahead.
The timeline depends on whether the case settles out of court or goes through trial proceedings. Here is what you need to know about how long your case might take.
How Long Do Most Cases Take?
The length of a wrongful termination case depends on how it is resolved:
- Settlements (3 to 8 Months): Most cases settle within this timeframe, with an average payout of $48,800. Settlements are common because they help avoid the high costs and delays of a trial.
- Trials (1 to 3 Years): If the case goes to trial, the process can take much longer due to discovery, pretrial motions, and potential appeals.
Since trials are unpredictable, most employees choose to settle rather than wait years for a potential court verdict. However, for complex cases involving significant damages, trial may be necessary to achieve fair compensation.
Stages of a Wrongful Termination Case
The legal process follows several key steps. Understanding each stage can help you set realistic expectations about how long your case may take.
1. Administrative Filing (6 to 12 Months)
For cases involving discrimination, employees must first file a complaint with the Equal Employment Opportunity Commission (EEOC) or a state agency like California’s Civil Rights Department (CRD).
- The agency investigates and may attempt a settlement.
- This phase can last between 6 and 12 months before you receive a “Right to Sue” letter, allowing you to take legal action.
Skipping this step may not be an option for federal discrimination cases, so it is important to start this process as soon as possible.
2. Filing the Lawsuit (2 to 6 Months)
Once administrative steps are completed, a formal lawsuit is filed in court.
- The employer is notified and given time to respond.
- This phase usually takes 2 to 6 months, depending on court scheduling and case preparation.
If your case involves strong evidence of wrongful termination, the employer may choose to settle early, avoiding further legal costs.
3. Discovery Process (Several Months to 2 Years)
Discovery is often the longest phase of the legal process. Both sides gather evidence, request documents, and conduct witness depositions.
- Simple cases may complete discovery in several months.
- Complex cases with large amounts of evidence can take up to two years.
If either side delays in providing information or files objections, the process can extend further.
4. Pretrial Motions & Settlement Negotiations (Months to Over a Year)
Most wrongful termination cases settle before trial, often during this phase.
- Attorneys file motions that could dismiss parts of the case or clarify legal issues.
- Mediation or negotiations often take place, where both sides try to agree on a fair settlement.
This phase can last a few months to over a year, depending on how willing both parties are to settle.
5. Trial and Appeals (Weeks to Years)
If a settlement cannot be reached, the case moves to trial.
- Trial length varies – some cases last only a few days, while others can take weeks.
- If the losing party appeals the decision, this can add months or even years to the case.
For employees seeking maximum compensation, trials are sometimes necessary, but they require patience and strong legal representation,
5 Common Types of Wrongful Termination Lawsuits
Wrongful termination occurs when an employer unlawfully fires an employee, violating their legal rights or breaching their employment contract.
While most employment in the U.S. is at-will, meaning an employer can dismiss an employee at any time, certain laws protect workers from unfair or discriminatory firings [1].
When an employee believes their dismissal was unjust, they may have grounds for a wrongful termination lawsuit. Below are the five most common types of wrongful termination claims.
1. Discrimination-Based Wrongful Termination
Employers cannot fire employees based on their membership in a protected class.
Discrimination-based termination occurs when an employee is dismissed due to their:
- Race, color, or national origin
- Religion
- Sex, gender identity, or sexual orientation
- Age (40 or older under federal law)
- Disability or genetic information
Employers must make termination decisions based on job-related factors, not personal characteristics. If an employee can prove their dismissal was motivated by discrimination, they may have a strong case for a wrongful termination lawsuit.
2. Retaliation for Engaging in Protected Activities
Employees have the right to report workplace misconduct without fear of losing their job.
Retaliation occurs when an employer punishes an employee for participating in protected activities, such as:
- Filing a discrimination or harassment complaint
- Reporting workplace safety violations
- Participating in an investigation against the employer
- Taking legally protected leave (FMLA, sick leave, military leave, etc.)
Retaliation can take many forms, including termination, demotion, reduced hours, or unfavorable job assignments.
If an employer takes adverse action after an employee engages in these activities, the employee may have a valid retaliation-based wrongful termination claim.
3. Breach of Employment Contract
While most employees are at-will, some have employment contracts that outline the terms of termination.
A breach occurs when an employer fails to follow these terms, including:
- Firing an employee without the required notice period
- Terminating an employee without just cause (if required by contract)
- Failing to uphold agreed-upon job security terms
Even if a contract is not in writing, verbal agreements and company policies may serve as evidence of an implied contract, which can also support a wrongful termination case.
4. Constructive Discharge (Forced Resignation)
In some cases, an employee is not directly fired but instead forced to quit due to unbearable working conditions.
This is known as constructive discharge, and it can be considered wrongful termination if:
- The work environment is made intentionally hostile to push the employee to resign.
- The conditions are so intolerable that a reasonable person would feel they have no choice but to leave.
- Examples include ongoing harassment, unfair demotions, or drastic pay cuts.
Even though the employee technically “resigned,” the law may still consider it an involuntary termination if it was due to an employer’s deliberate actions.
5. Public Policy Violations
Employers cannot fire employees for reasons that violate public policy.
Many jurisdictions protect employees from termination in cases where:
- The employee refuses to engage in illegal activity (e.g., falsifying records, committing fraud).
- The employee reports illegal or unethical behavior (whistleblowing).
- The firing violates established labor laws (e.g., retaliation for filing a workers’ compensation claim).
If an employee is fired for doing the right thing, they may have a wrongful termination claim based on public policy violations.
What to Do If You’ve Been Wrongfully Terminated
Wrongful termination claims can be complex, but employees have legal options if they believe they were fired unfairly.
Here’s what to do next:
- Collect evidence – Save termination letters, emails, performance reviews, or witness statements.
- Understand your legal rights – Know whether your termination violated federal or state laws.
- Consult a wrongful termination lawyer – An attorney can assess your case and help you determine the best course of action.
If you believe your termination was illegal, seeking legal advice as soon as possible is critical to protecting your rights.
How Likely Are You to Win a Wrongful Termination Case?
If you are considering filing a wrongful termination claim, understanding success rates can help you make informed decisions.
Statistics show that having legal representation and strong evidence significantly increases your chances of winning compensation.
While most cases settle before trial, the outcome often depends on whether you have an attorney and the type of evidence you present.
Success Rates: With and Without Legal Representation
Hiring a lawyer can make a huge difference in your case outcome.
According to a survey by Nolo.com:
- 64% of claimants with a lawyer received compensation, with an average settlement of $48,800.
- Only 30% of claimants without a lawyer received compensation, with a much lower average of $19,200.
Legal representation not only increases the likelihood of success but also helps secure higher settlement amounts.
How Evidence Impacts Case Outcomes
Your success rate also depends on the type of evidence you present in your case.
A Martindale-Nolo Research survey found:
- Both witness testimony & written evidence – 63% success rate
- Written evidence only – 50% success rate
- Witness testimony only – 28% success rate
Having both types of evidence provides a stronger case, making it easier to prove wrongful termination.
Success Rate Comparison Chart
| Factor | Success Rate | Average Compensation |
|---|---|---|
| With a Lawyer | 64% | $48,800 |
| Without a Lawyer | 30% | $19,200 |
| Both Witness & Written Evidence | 63% | Varies |
| Written Evidence Only | 50% | Varies |
| Witness Testimony Only | 28% | Varies |
Why Do Most Cases Settle Before Trial?
Approximately 90% of wrongful termination cases are resolved through settlements before reaching trial. This happens because employers often prefer to settle rather than risk an unpredictable and costly court battle.
If you have strong evidence and legal representation, you are more likely to receive a favorable settlement offer early in the process.
However, if your employer refuses to negotiate, having a well-documented case with multiple forms of evidence will give you a better chance of winning in court.
If you are pursuing a wrongful termination claim, working with an experienced lawyer and gathering solid evidence can dramatically improve your chances of winning compensation.
What Makes a Strong Wrongful Termination Lawsuit?
Building a strong wrongful termination case requires clear evidence and a solid legal foundation. Whether your claim involves discrimination, contract violations, retaliation, or public policy violations, having the right documentation and legal support can significantly increase your chances of success.
According to Martin D. Haverly, wrongful termination cases often involve violations of state or federal employment laws, breaches of contract, or retaliation against employees for exercising their rights.
Below are key elements that strengthen a wrongful termination case, along with examples of supporting evidence.
1. Proving a Violation of Employment Laws
Federal and state laws protect employees from discriminatory firings based on protected characteristics such as race, color, religion, sex, national origin, age, disability, or genetic information. If you were fired for one of these reasons, you may have a strong case.
How to Strengthen a Discrimination Claim
- Keep written records – Emails, text messages, or memos containing discriminatory language from supervisors.
- Compare company policies – If policies were enforced differently for different employees, it can indicate bias.
- Use performance reviews as evidence – If you have positive reviews but were fired while others with lower ratings kept their jobs, discrimination may be at play.
The stronger the paper trail, the better your chances of proving unlawful termination based on discrimination.
2. Breach of Employment Contract
Not all employees work at-will—some have written or implied contracts outlining the conditions for termination. If your employer violates the terms of your contract, you may have a valid wrongful termination claim.
How to Prove a Contract Breach
- Obtain a copy of your contract – Look for termination clauses specifying grounds for dismissal.
- Show proof of job performance – If your contract states termination must be performance-related, keep performance reviews and emails confirming your work met expectations.
- Collect company policy documentation – If the employer failed to follow proper termination procedures, this could support your claim.
Employees with strong contractual evidence are in a better position to challenge wrongful dismissal due to breach of contract.
3. Retaliation for Engaging in Protected Activities
Employers cannot fire employees for reporting harassment, safety violations, wage disputes, or discrimination. Retaliation-based termination is illegal, and proving it requires timing-based evidence.
How to Strengthen a Retaliation Case
- Establish a timeline – The closer the firing date is to the complaint or whistleblowing activity, the stronger your case.
- Save emails or meeting records – Any written communication criticizing or threatening you after filing a complaint.
- Log sudden negative treatment – If you experience sudden demotions, reduced hours, or unjustified write-ups, document the details.
Retaliation cases often hinge on showing a direct link between your complaint and your termination.
4. Violation of Public Policy
Firing an employee for refusing to engage in illegal activities or exercising civic rights (such as jury duty or voting) is considered wrongful termination under public policy violations.
How to Prove a Public Policy Violation
- Keep written requests – If a supervisor asked you to perform illegal tasks, save emails, texts, or work orders.
- Show proof of legal participation – If you were fired after serving jury duty or voting, obtain records showing you followed legal requirements.
- Obtain witness statements – Coworkers who heard your employer’s instructions or threats can strengthen your claim.
Employers cannot legally dismiss workers for refusing to break the law or exercising legally protected rights.
5. Constructive Discharge (Forced Resignation)
An employer does not have to fire you outright for it to be wrongful termination. If they create intolerable working conditions, forcing you to quit, the law may consider it a constructive discharge.
How to Build a Constructive Discharge Case
- Keep a timeline – Document the escalation of harassment, demotions, unfair workload increases, or hostile behavior.
- Gather statements from coworkers – If others witnessed the unfair treatment, their testimonies can support your claim.
- Provide evidence of attempts to address the issue – Show emails or HR complaints where you reported the mistreatment before resigning.
Even though you resigned voluntarily, the law may recognize your termination as involuntary if working conditions were unbearable.
Related Article: What is the Average Wrongful Termination Settlement?
FAQs
1. What Factors Affect the Timeline of a Wrongful Termination Case?
Factors include the strength of the evidence, the willingness of both parties to negotiate, court schedules, and whether the case is settled out of court or goes to trial.
2. How Long Does the Pre-Trial Process Take in a Wrongful Termination Case?
The pre-trial process, which includes filing the complaint, discovery, and potential motions, can take several months to over a year.
3. Can a Wrongful Termination Case Be Settled Out of Court?
Yes, many wrongful termination cases are settled out of court, which can significantly reduce the time needed to resolve the case.
Get a Free Lawsuit Evaluation With Our Lawyers
The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and are currently accepting new legal challenges in all 50 states.
If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.
References:
1. https://www.ymsllp.com/blog/2023/06/5-common-types-of-wrongful-termination-lawsuits/
2. https://www.haverlylaw.com/blog/2024/02/what-makes-a-strong-case-for-wrongful-termination/