Pre-settlement funding: Employment Claims

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.

Overview

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.

Whistleblower retaliation under federal and state statutes (SOX, Dodd-Frank, OSHA, FCA)
FMLA interference and retaliation
At-will exceptions: implied contract, covenant of good faith, and public policy terminations
Termination following protected activity (discrimination complaints, jury service, military leave)
Qualifying criteria

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.

A termination that violates law or public policy — retaliation, FMLA interference, discrimination, or breach of contract
A documented employment record establishing the termination and your pre-termination compensation
A claim in active litigation or arbitration with retained counsel
An employer with the resources or coverage to satisfy a recovery

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

Terms

How terms are set

Rates and terms are set by the capital provider and written in the provider’s agreement before signing.

Term
How it works
Decision
Made by the independent capital provider, not by Criterica Capital
Advance size
Set by the capital provider
Pricing
Set by the capital provider and written in its agreement before signing
Repayment
Non-recourse funding is repaid only from a recovery. The provider’s agreement states the terms.
Process

How the process works for wrongful termination claims

  1. STEP 1
    Apply
    Apply once your case is filed and active in litigation or arbitration.
  2. STEP 2
    Documentation
    Your attorney provides the complaint, employment records, and expected recovery analysis.
  3. STEP 3
    Provider decision
    Independent capital providers review the file, decide whether to fund and set their own terms. Criterica Capital does not make the funding decision.
  4. STEP 4
    Provider agreement
    If a provider funds the case, the provider's agreement states how and when funds are paid.
Underwriting

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.

Typical timeline

Wrongful termination claims generally resolve within 12 to 30 months, whether litigated in court or through mandatory arbitration.

FAQ

Wrongful Termination Funding: common questions

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.

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