How does a wrongful termination lawsuit work in California?

Most California wrongful termination claims start with an administrative complaint to the Civil Rights Department under Government Code section 12960, followed by a right-to-sue notice, a superior court lawsuit, discovery, and usually settlement or mediation. Cases routinely resolve within one to two years; only a small fraction reach trial.

The path depends on the claim. Discrimination, harassment, and retaliation claims under the Fair Employment and Housing Act require an administrative complaint to the Civil Rights Department within three years (Government Code section 12960); most claimants request an immediate right-to-sue notice and then have one year to file in superior court (Government Code section 12965). The lawsuit itself follows civil procedure: complaint and answer, then discovery — document exchanges, written questions, depositions — which is where most of the time and expense concentrates. Many employers move for summary judgment before trial, and courts commonly order the parties to mediation; the large majority of employment cases settle rather than reach a jury. An arbitration agreement signed at hire can move the entire dispute into private arbitration instead of court. Remedies can include lost earnings, emotional distress damages, and attorney fees under section 12965. From filing to resolution, one to two years is a realistic range, longer in congested counties.

Authority: Cal. Gov. Code § 12965