Common Damages in Wrongful Termination Lawsuits

Facing Job Loss

Losing your job can be one of the most stressful experiences you face. When that loss happens for an unlawful reason, the impact goes beyond lost income. California employees who are wrongfully terminated have rights under state and federal law—including the right to seek damages. Understanding what compensation may be available is key to protecting yourself and your future. If you’re dealing with the aftermath of wrongful termination, you’re not alone. Attain Law attorneys guide clients through the claims process and help them recover damages that can address financial losses, emotional distress, and more.

For those wanting to know more about employment protections, see our California Employment Law overview or explore related matters like Workplace Discrimination and Retaliation Claims.

Defining Wrongful Termination

Wrongful termination happens when an employer fires an employee for reasons prohibited by law. In California, examples include termination due to discrimination, retaliation for whistleblowing, or firing in violation of an employment contract. If you believe your firing was unlawful, you may have the right to compensation. For more about what qualifies as wrongful termination, visit Signs You May Have a Wrongful Termination Case.

Key State Protections

California is an at-will employment state, but several laws protect workers from being fired for illegal reasons. The Fair Employment and Housing Act (FEHA) bars employers from terminating workers based on race, gender, disability, or other protected categories. The California Labor Code also shields employees from retaliation for filing complaints about workplace violations.

Federal laws like Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA) offer additional safeguards. For more on how discrimination claims are handled, see Types of Workplace Discrimination and Your Rights.

Wages and Lost Benefits

The most common damages in wrongful termination cases are lost wages and benefits. You may be entitled to compensation for:

• Back pay (wages you would have earned from the date of termination to the present)
• Lost bonuses, commissions, and overtime
• The value of lost benefits, such as health insurance or retirement contributions
• Front pay (future earnings if reinstatement is not possible)

Calculating these damages can be complex, especially if you had variable hours or income. Learn more about Wage and Hour Disputes and your rights to fair pay.

Emotional Distress

Losing a job in a wrongful or humiliating way can cause significant emotional harm. California law allows victims to recover damages for mental anguish, anxiety, depression, and other emotional distress. These damages are available when the employer’s actions are particularly egregious or violate fundamental rights. Emotional distress awards vary and often depend on your testimony, medical records, and the circumstances of your case.

Punitive Damages

In some cases, courts may award punitive damages to punish employers who engage in especially reckless or malicious conduct. These are not tied to your actual losses but are meant to deter similar behavior in the future. Punitive damages are rare and only available when you can prove the employer acted with oppression, fraud, or malice.

Job Reinstatement

While not a monetary award, job reinstatement is another remedy in wrongful termination cases. Courts may order your employer to give you your job back, along with restoration of seniority and benefits. However, if returning to work is not practical, front pay may be awarded instead to make up for future lost earnings.

Attorney’s Fees and Costs

California law allows prevailing employees in wrongful termination cases to recover reasonable attorney’s fees and certain costs. This means your employer may have to pay for your legal representation and expenses related to your lawsuit.

How Damages Are Calculated

Damages are typically calculated based on:

• Your salary or hourly wage at the time of firing
• How long you were unemployed or underemployed
• The value of lost benefits
• The severity and impact of emotional harm
• Out-of-pocket expenses related to your job search

Mitigation is also important—if you find new work, your damages may be reduced by the amount you earn in your new job.

Additional Recoverable Losses

Beyond the basics, you may also be able to recover:

• Job search expenses (like resume services or travel)
• Medical expenses if emotional distress led to treatment
• Penalties for loss of health insurance or other benefits
• Interest on back pay awards

Factors That Affect Your Claim

Every wrongful termination case is unique. Factors that can influence your damages include:

• The reason for termination (discrimination, retaliation, contract breach, etc.)
• How quickly you found new work
• Whether your employer violated multiple laws or policies
• The employer’s size and resources

For a deeper look at proving your claim, read How to Prove Wrongful Termination in Court.

Action Steps After Termination

If you suspect you were wrongfully terminated, these steps can help protect your rights and maximize your damages:

• Document everything—keep termination letters, emails, and performance reviews
• Save pay stubs and benefit statements
• Write down your recollection of events leading up to your firing
• Seek medical or counseling support if you experience emotional distress
• Consult an experienced employment attorney

More tips are available in How to Document Discrimination at Work.

Frequently Overlooked Damages

Many employees focus on lost wages and overlook other recoverable losses, such as:

• Pension or retirement contributions
• Stock options or equity
• Loss of reputation or future job prospects
• Out-of-pocket medical or relocation expenses

Your attorney can help you identify all the losses that may be recoverable.

Filing a Claim in California

Filing a wrongful termination claim starts with gathering evidence and, in many cases, filing a complaint with the Department of Fair Employment and Housing (DFEH) or Equal Employment Opportunity Commission (EEOC) before going to court. Timelines are strict in California—you generally have two years to file a wrongful termination lawsuit, but shorter deadlines may apply for administrative claims.

How Attain Law Can Help

Pursuing damages for wrongful termination can feel overwhelming, especially when you’re coping with the stress of job loss. The attorneys at Attain Law work with clients across California to assess all potential damages, advise on the best course of action, and fight for your rights. Whether your case involves workplace discrimination, retaliation, or disability rights, we are committed to helping you find a path forward.

If you have questions about your wrongful termination claim, contact us today for a free consultation or call (888) 970-8627. We’re here to support you every step of the way.

Frequently Asked Questions about Damages in Wrongful Termination Cases

What damages can I recover in a California wrongful termination lawsuit? You may be able to recover lost wages, lost benefits, emotional distress damages, attorney’s fees, and in some cases, punitive damages. Each case is different, so the types and amounts of damages depend on your specific circumstances.

What is 'front pay' in wrongful termination cases? Front pay refers to compensation for future lost earnings when reinstatement is not possible or practical. It is designed to make up for income you would have earned if you had not been wrongfully terminated.

Can I get damages for emotional distress in California? Yes. California law allows recovery for emotional distress, such as anxiety, depression, or humiliation, if the employer’s conduct was wrongful or unlawful.

Are attorney’s fees recoverable in wrongful termination lawsuits? If you prevail in your wrongful termination case under California law, you may be entitled to have your employer pay for your reasonable attorney’s fees and certain legal costs.

How long do I have to file a wrongful termination claim in California? You typically have two years to file a wrongful termination lawsuit in California, but certain claims, such as those involving discrimination, may require you to file a complaint with a government agency within a shorter period.