Pre-settlement funding for wrongful termination claims.
Unlawful dismissal, whistleblower retaliation, FMLA violations, and breach of employment contract. How pre-settlement funding works for wrongful termination plaintiffs.
Non-recourse funding is repaid only from a settlement or award. Independent capital providers set the terms.
Bills do not wait for your case.
Rent, medical bills and living costs keep arriving while a case moves through the court. An advance against a pending case can cover them and is repaid only if the case produces a recovery.
How wrongful termination cases are reviewed
Wrongful termination claims arise when an employer terminates an employee in violation of law or public policy. Common theories include: termination in retaliation for whistleblowing or protected complaints, violation of FMLA leave protections, discrimination-based termination under federal or state law, breach of express or implied employment contract, and termination violating public policy (for example, refusing to perform an illegal act). Recovery typically includes lost wages, benefits, and compensatory damages.
What makes a qualifying case
Not every claim is a fit for funding. These are the factors our review weighs most heavily for this case type. Meeting them does not guarantee that a provider will fund.
Requirement 1
Claim filed and active in litigation or arbitration with retained counsel
Requirement 2
Documented pre-termination compensation and employment records
Requirement 3
Resourced or insured employer
How terms are set
Rates and terms are set by the capital provider and written in the provider’s agreement before signing.
How the process works for wrongful termination claims
- STEP 1ApplyApply once your case is filed and active in litigation or arbitration.
- STEP 2DocumentationYour attorney provides the complaint, employment records, and expected recovery analysis.
- STEP 3Provider decisionIndependent capital providers review the file, decide whether to fund and set their own terms. Criterica Capital does not make the funding decision.
- STEP 4Provider agreementIf a provider funds the case, the provider's agreement states how and when funds are paid.
How we underwrite this case type
Wrongful termination underwriting evaluates the strength of the unlawful-termination theory and the lost-wages calculation, which is anchored by your pre-termination salary and the duration of unemployment or underemployment since. We assess whether the matter is in court or arbitration — both are fundable — and model expected recovery against comparable termination outcomes. Stronger liability and longer documented wage loss support larger advances.
Wrongful termination claims generally resolve within 12 to 30 months, whether litigated in court or through mandatory arbitration.
Wrongful Termination Funding: common questions
Both. Claims in active litigation and in mandatory arbitration proceedings can both be reviewed. Many employment agreements require arbitration. That does not affect whether a request can be reviewed.
Primary factors: your pre-termination salary (establishes back-pay baseline), how long you have been unemployed or underemployed since termination, and the strength of the liability theory. Longer periods of unemployment and stronger liability support larger advances.
Request funding for your case.
Pre-settlement funding is a non-recourse purchase of a portion of the proceeds of a pending legal claim — not a loan. If the case does not result in a recovery, nothing is owed. Rates, fees, and repayment terms are disclosed in full in the funding agreement, which the applicant’s attorney reviews before signing. Availability and terms vary by state.