California Wrongful Termination Damages Calculator

Back pay is the total wages and benefits you would have earned from the date of termination to the date of judgment or settlement. It includes salary, bonuses, commissions, overtime, and the value of any lost benefits. Back pay is reduced by any income you earned during that period (mitigation).

Emotional distress in wrongful termination cases typically ranges from: Mild ($25K-$75K) for worry, sleep disruption, and job search stress; Moderate ($75K-$250K) for documented anxiety, depression, or financial hardship; Severe ($250K-$750K+) for hospitalization, suicidal ideation, or career destruction. Documentation from therapists strengthens the claim.

Under CC 3294, punitive damages require "oppression, fraud, or malice." In employment cases, this means the employer acted with deliberate disregard for the employee's rights (e.g., firing an employee for reporting safety violations despite knowing it was illegal). A managing agent must have authorized or ratified the conduct.

For FEHA claims (discrimination, harassment, retaliation), you must file with the California Civil Rights Department (CRD, formerly DFEH) and obtain a right-to-sue letter before filing in court. You can request an immediate right-to-sue letter. For non-FEHA claims (whistleblower retaliation under LC 1102.5, Tameny claims), no administrative exhaustion is required.

FEHA claims: 3 years from the discriminatory act to file with CRD (extended from 1 year in 2020). Whistleblower (LC 1102.5): 3 years. Common law wrongful termination (Tameny): 2 years. WARN Act violations: 3 years. Filing a demand letter early preserves evidence and often leads to faster resolution.