eDiscovery, legal research and legal memo creation - ready to be sent to your counterparty? Get it done in a heartbeat with AI. (Get started for free)

What should I consider when deciding if a wrongful termination lawsuit is worth it?

Winning a wrongful termination case is challenging - only about 1 in 5 employees who file a lawsuit actually prevail.

The average settlement for a successful wrongful termination lawsuit is around $40,000, but can range from $5,000 to over $80,000 depending on the circumstances.

You typically have a shorter window to file a wrongful termination claim, often just 180-300 days from the date of termination, so time is of the essence.

Employers often have stronger legal resources and can drag out the process, making it an uphill financial and emotional battle for many employees.

Damages in a wrongful termination suit can include lost wages, benefits, emotional distress, and even punitive damages if the employer's actions were particularly egregious.

The strength of your case rests heavily on being able to prove the termination violated a law, such as discrimination, retaliation, or breach of contract - the burden of proof is on you.

Even if you have a strong case, employers will often fight vigorously to avoid setting a precedent and may be willing to offer a settlement to avoid going to trial.

The process can take 1-2 years on average from filing the initial claim to resolution, adding financial and personal stress for the employee.

Consulting multiple employment lawyers can be important, as they may have different assessments on the merits and potential value of your case.

Signing a severance agreement may limit your ability to later file a wrongful termination lawsuit, so be cautious before accepting any severance package.

Workplace documentation such as performance reviews, emails, and witness statements can be crucial evidence to support your case.

The risk of legal costs and fees, which can easily reach $10,000-$50,000 or more, is a major factor to weigh against potential compensation.

eDiscovery, legal research and legal memo creation - ready to be sent to your counterparty? Get it done in a heartbeat with AI. (Get started for free)

Related

Sources