Losing your job is hard enough. Waiting to find out how long justice will take can feel even harder. In California, some wrongful termination cases are resolved within months, while others take years. The truth is that the answer to “How long do wrongful termination cases take?” depends on several factors: the strength of the evidence, the legal process you choose, your goals, and your employer’s willingness to negotiate.
At King & Siegel LLP, we guide employees through every stage of this process—from initial agency filings to settlement or trial. Our Los Angeles wrongful termination attorneys guide workers through every stage of the process, whether that means filing with the Department of Fair Employment and Housing, trying your case, or even fighting for your verdict on appeal. Our focused, employee-only practice means we know how to keep cases moving while protecting your rights.
Can I Settle My Case Without Filing a Lawsuit?
Sometimes. Not every wrongful termination case requires a government filing or lawsuit. In many cases, strategic pre-litigation negotiation can lead to a private and efficient resolution before an agency becomes involved.
California employers can settle a claim at any time, even before a complaint is filed with the Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). This stage is especially valuable when:
- The evidence of discrimination or retaliation is already clear;
- The employee still has leverage—such as internal documents, witnesses, or knowledge the company wants contained;
- Both parties prefer to avoid publicity or litigation costs; and
- The employee wants a swift, confidential, and controllable outcome rather than a drawn-out process.
Pre-litigation demand letters or informal negotiations often result in strong settlements when handled by experienced employment counsel. At King & Siegel, we leverage our reputation for litigation success to create an early advantage, showing employers that delay or denial will only exacerbate their problems.If the employer refuses to engage meaningfully and pay a fair settlement, we can pivot immediately to agency or court filings without losing momentum or credibility.
Sometimes, an employer may enter into a “tolling agreement” to press pause on any applicable statutes of limitations while a prelitigation settlement is discussed.
At King & Siegel, the majority of cases suitable for prelitigation resolution resolve within a year. While many are resolved within months, others require more than one mediation and may take a year or more, particularly if they are complex, involve high-level executives, or involve a substantial sum of money.
That said, not all cases are a good fit for prelitigation resolution. Where the employer believes strongly in their stated reason for termination, or where most of the evidence can only be obtained by subpoena or formal discovery, you are unlikely to achieve a strong result prelitigation.
This leads to one of our common mantras: there is often a tradeoff between time and money in litigation. Any attorney who tells you differently is selling a false promise.
Time vs. Money: The Core Tradeoff in Employment Litigation
Litigation is about leverage, and leverage comes from proof. The more evidence you have, the more discovery you conduct, and the closer you get to trial, the more your case is worth. But building that proof takes time. Depositions, document production, and motion practice don’t happen overnight.
If you want speed, you can usually settle early—but at a discount. Employers don’t pay full value until they have to. They settle for what they can see and quantify, not for what you believe or feel.
To receive maximum compensation, you need patience. As your attorney develops the case, exposes inconsistencies, and compels disclosure, the employer’s risk—and therefore their willingness to pay—usually grows. That’s why cases that go the distance often command higher settlements or verdicts.
At King & Siegel LLP, we understand that there is no one-size-fits-all approach or a single right way to judge these tradeoffs. We help clients make informed decisions about where they fall on that spectrum, and we tailor strategy accordingly.
How Long Do Wrongful Termination Cases Take? A Timeline
But let’s say you want to file your case in court and fight til the end. Here’s a rundown of that process.
Step One: Agency Filing and Investigation
Most wrongful termination claims in California start with an administrative filing. Under the Fair Employment and Housing Act (FEHA), employees must file their wrongful termination claim with the California Civil Rights Department (CRD) before suing in court. You must file federal claims, such as Title VII retaliation, with the Equal Employment Opportunity Commission (EEOC).
The timelines for moving through these stages vary:
- Filing deadline. Employees have three years from the date of termination to file an administrative claim under California law.
- Agency investigation. The CRD or EEOC may take six months or longer to investigate. They can issue findings or grant a right-to-sue letter.
- Right-to-sue requests. In California, employees can bypass a full investigation by requesting this letter early, which allows them to proceed directly to court. This means the process can take as little as one day.
Choosing whether to wait for an investigation or proceed quickly to litigation is a strategic decision. At King & Siegel, we can advise on whether agency review will strengthen or slow your claim.
Step Two: Filing a Wrongful Termination Lawsuit in California
Once the CRD or EEOC issues a right-to-sue letter, you have one year to file a wrongful termination lawsuit in California. At this point, the pace depends on local dockets, the judge’s calendar, and the employer’s defense strategy.
Typical phases include:
- Complaint and response. Initial pleadings usually take two to three months.
- Discovery. Exchanging documents, written questions, and depositions can last anywhere from six months in federal court to multiple years in state court.
- Motions. Employers often file to dismiss claims or limit evidence, which can add months to the schedule.
- Trial date. In Los Angeles County, a realistic estimate for time to trial is 18–24 months after filing. Most other California counties have similar trial backlogs.
Settlement discussions can shorten this timeline. Strong evidence, such as clear documentation of retaliation or discriminatory remarks, often pressures employers to negotiate before trial.
Step Three: Mediation and Settlement Options
Most cases resolve without trial, often through mediation or direct negotiation. Mediation allows both sides to explore settlement under confidential conditions, typically facilitated by a neutral third party.
Factors that speed resolution include:
- A clear record of employer misconduct;
- Witnesses who are willing to corroborate the employee’s story; and
- Damages that are straightforward to calculate, such as lost wages.
Still, employers often delay negotiations to test your persistence. Can you withstand delay, or will you cave? Having experienced counsel keeps momentum on your side and prevents delay tactics from undermining your case.
Are There Special Considerations? Immigration Status and Retaliation
Undocumented workers often fear retaliation for asserting rights. California law explicitly protects them. Under the state Labor Code, immigration status does not affect a worker’s ability to pursue remedies. Federal courts have reinforced that undocumented employees remain protected under Title VII.
Workers facing threats, intimidation, or blacklisting may benefit from a proactive legal strategy. The attorneys at King & Siegel have represented employees across Los Angeles who were concerned about retaliation, yet secured strong outcomes. Speaking with counsel early helps protect your rights and options from the beginning.
What Is a Realistic Timeline? Months vs. Years
So, how long do wrongful termination cases take from beginning to end?
| Case Track | Estimated Duration | Typical Scenario |
| Fast Track (6–12 months) | Agency-level or early mediation settlement. | Strong early evidence or lower value claims that approximate the cost of litigation. |
| Moderate Track (12–24 months) | Typical litigation through discovery, with settlement before trial. | Claims where early discovery shores up proof of key issues and makes liability clear. |
| Extended Track (2–4 years) | Complex or multi-plaintiff cases, appeals, or major corporate defendants. | High-value or high-risk claims that the defendant feels compelled to fight until the end for business reasons. |
Each path depends on the employer’s approach, the available evidence, and the worker’s goals. Some defendants are known for requiring employees to litigate for years before they will agree to pay a solid settlement. Clients often balance the desire for closure with the need for a fair result.
Why Does Working with Experienced Counsel Matter?
Employment litigation is both legal and tactical. The same claim can take one year or four depending on how it’s managed. Lawyers who understand both California procedure and corporate defense playbooks can control the pace and maximize leverage.
At King & Siegel LLP, our team combines elite credentials with proven results:
- Over $100 million recovered for California employees;
- Super Lawyers Rising Star recognition;
- Perfect 10.0 Avvo ratings;
- Bilingual representation for Spanish-speaking clients.
At King & Siegel LLP, we believe in focused litigation, not chaos. Some cases can be won, or at least favorably resolved, by identifying and attacking one key issue early, rather than trying to fight every battle at once. In employment law, that “pressure point” might be:
- A glaring inconsistency in the employer’s stated reason for termination;
- A missing or falsified document that undermines their defense;
- A clear retaliatory timeline showing protected activity followed by discipline; or
- A pattern of misconduct that opens the door to punitive damages.
By targeting that issue first, we can sometimes force an early settlement or obtain a decisive ruling that collapses the employer’s position, saving time and money without sacrificing outcome.
In contrast, a scattershot approach—filing every motion, chasing every tangent, litigating for its own sake—can burn resources without moving the needle. It may feel aggressive, but it can also make the focus on lawyers, rather than the strength of your claims, and force the defendant to spend money it could have used to resolve your case.
Our approach is surgical: identify the pressure point, apply strategic force, and move when the leverage is highest. That’s how you win efficiently.
Considering a Wrongful Termination Lawsuit? California Employment Law Firm King & Siegel LLP Can Help
Wrongful termination cases demand patience, but they also reward preparation. Whether your case settles in months or requires years of persistence, the key is having a team that keeps you informed, supported, and one step ahead.
King & Siegel LLP stands apart by focusing solely on employees, not corporations. Our attorneys handle all employment claims with proactive, strategic litigation. Whether your case settles in months or requires years of persistence, we fight to make the process less stressful while maximizing results.
Schedule a free 30-minute consultation today to discuss your case. Our Los Angeles and San Francisco Bay Area-based team has built a reputation for results, commitment, and client-focused service. The sooner you reach out, the sooner we can help you move forward.
