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Our services
Process
Each listed firm's approach to wrongful dismissal cases begins with a detailed, confidential case assessment. We analyze employment contracts, company policies, performance reviews, and all communication related to the termination against applicable federal and state laws, such as Title VII of the Civil Rights Act. Our technical procedure involves gathering evidence, which can include reviewing hundreds of pages of documents and electronic communications. We then develop a strategic legal argument, whether for negotiation, filing with the Equal Employment Opportunity Commission (EEOC), or litigation. Statistically, a significant percentage of claims are resolved during the mandatory EEOC mediation process before reaching federal court. For related legal issues, our expertise extends to matters like Constructive Dismissal.
Local Considerations — USA
Wrongful dismissal law varies significantly across the United States, creating a complex national landscape. While federal statutes like the ADA and FMLA provide a baseline, state laws in California, New York, and Illinois offer stronger protections against discrimination and require stricter adherence to implied covenants of good faith and fair dealing. The tech hubs of San Francisco and Seattle often see cases related to whistleblowing or retaliation, while financial centers like New York and Chicago may involve disputes over bonus structures or non-compete agreements post-termination. Our national practice is structured to navigate these regional legal nuances, providing tailored counsel whether a client is in a pro-employee jurisdiction or a traditional at-will state, ensuring effective representation in cities like Los Angeles.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Case Assessment Timeline | 1-2 weeks |
| EEOC Charge Filing Deadline | 180-300 days from incident |
| Common Evidence Review Volume | 500-2000+ documents |
| Federal Court Litigation Duration | 18-36 months |
Standards & Compliance
- Title VII of the Civil Rights Act of 1964
- Americans with Disabilities Act (ADA)
- Age Discrimination in Employment Act (ADEA)
- State-Specific Wrongful Discharge Laws
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Frequently Asked Questions
What is the difference between 'at-will' employment and wrongful dismissal?
'At-will' employment means an employer can terminate an employee for any reason not prohibited by law. Wrongful dismissal occurs when the termination violates a specific exception, such as an employment contract, public policy (e.g., retaliation for whistleblowing), or federal/state anti-discrimination statutes.
What is the first step I should take if I believe I was wrongfully dismissed?
The first step is to preserve all evidence: your employment contract, termination letter, performance reviews, and relevant emails. Then, consult with an employment lawyer for a confidential case assessment to determine if your dismissal violates any legal protections before any deadlines pass.
How long does a wrongful dismissal case typically take?
Timelines vary widely. An EEOC investigation can take 6-12 months. If a lawsuit is filed, discovery and litigation in federal court often take 18-36 months. Many cases settle during mediation or pre-trial negotiations, which can shorten the duration.
How much does a Wrongful Dismissal case cost in the USA?
Legal costs depend entirely on case complexity, evidence volume, and whether it settles or goes to trial. Many attorneys work on a contingency fee basis for these cases, meaning fees are a percentage of the recovery, or alternatively, on an hourly basis. A specific budget can only be provided after a detailed case evaluation.