Short answer: a California wrongful termination case that settles before a lawsuit is filed can resolve in a few months. A case that goes into litigation typically takes one to two years to reach settlement or trial, and cases in arbitration or with appeals can take longer. The timeline depends on the agency filings required, the court’s calendar, how much discovery the case needs, and how willing the employer is to negotiate. Here is what each stage involves and how long it usually takes.

Stage 1: evaluation and agency filing (weeks to a few months)

A lawyer reviews your timeline, documents and personnel file and identifies the claims. For discrimination, harassment, retaliation, accommodation and leave claims under the Fair Employment and Housing Act, a complaint must be filed with the California Civil Rights Department (CRD) within three years of the termination. Most claimants request an immediate right-to-sue notice, which is issued promptly and allows the lawsuit to be filed within one year; asking the CRD to investigate instead can take many months. Wrongful termination in violation of public policy and Labor Code retaliation claims such as section 1102.5 do not require an agency filing and can go straight to court, generally within two years for the public policy claim and three years for statutory Labor Code claims.

Stage 2: pre-litigation demand and negotiation (one to three months)

Many cases begin with a demand letter that lays out the claims, the evidence and the damages. Some employers settle at this stage, particularly when the evidence is strong and the wage loss is clear. Others wait to see whether a lawsuit is filed.

Stage 3: the lawsuit and discovery (six to eighteen months)

Once the complaint is filed in superior court, the employer answers or files a demurrer, and discovery begins: written questions, document requests, and depositions of you, your managers and witnesses. The employer may move for summary judgment, asking the court to dismiss the case without a trial, which takes several months to brief and hear. If you signed an arbitration agreement, the employer will usually move to compel arbitration, and the case proceeds before a private arbitrator on a similar but often somewhat faster schedule.

Stage 4: mediation (usually within the first year of litigation)

Most employment cases that settle do so at mediation, a confidential negotiation with a neutral mediator, typically scheduled after the key documents and depositions are exchanged. A settlement at mediation ends the case within a few weeks of the session once the agreement is signed and payment is made.

Stage 5: trial and appeal (year two and beyond)

Trial dates in Los Angeles County courts are commonly set 12 to 24 months after filing. A trial itself lasts one to three weeks. Motions in limine, jury selection, testimony and verdict follow, and either side may appeal, which adds a year or more. Only a small fraction of cases reach a verdict.

What speeds a case up or slows it down

  • clear documentary evidence and a clean pre-complaint record speed settlement;
  • large wage loss and punitive damages exposure make employers negotiate earlier;
  • arbitration agreements, disputed medical damages, and multiple defendants slow things down;
  • court backlogs vary by county and can add months to any trial date;
  • your own preparation, keeping records and responding to discovery promptly, keeps the case moving.

Deadlines you cannot let pass

Three years to file with the CRD under FEHA (Government Code section 12960), then one year after the right-to-sue notice (section 12965); 300 days for an EEOC charge; two years for wrongful termination in violation of public policy (Code of Civil Procedure section 335.1); one year for a Labor Code section 132a petition after a workers’ compensation claim. Missing a deadline ends the claim regardless of how strong it is.

How Abdi & Associates can help

Abdi & Associates, Inc. helps individuals with wrongful termination claims throughout California. We evaluate the claim, handle the agency filings, and, where a case calls for it, work with experienced employment trial counsel we trust while staying involved in your case. Call (888) 772-2529 for a free consultation, or read our wrongful termination page and our post on how long you have to sue.

Reviewed by Shawn Abdi, Esq., Abdi & Associates, Inc. Last reviewed: September 4, 2026. Attorney advertising. This page is general information, not legal advice about your specific situation. Legal deadlines have exceptions; confirm the deadlines that apply to your case with a lawyer.

Topic Employment Law,
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