Wrongful termination lawyer San Bernardino: Navigating the complex landscape of employment law in San Bernardino County requires expert legal guidance. This guide explores California’s wrongful termination laws, outlining the various claims, common defenses, and the process of filing a lawsuit. We’ll delve into crucial aspects like gathering evidence, calculating damages, and avoiding common pitfalls. Understanding your rights and options is paramount when facing unjust dismissal, and this resource aims to empower you with the knowledge you need to proceed effectively.
From identifying qualified legal representation to understanding alternative dispute resolution methods, we’ll provide a comprehensive overview to help you navigate this challenging situation. We’ll examine real-world case studies to illustrate the complexities of wrongful termination cases and offer practical advice on building a strong case. This guide is designed to serve as a valuable resource for individuals facing wrongful termination in San Bernardino, providing clarity and direction throughout the legal process.
Understanding Wrongful Termination Laws in San Bernardino
Wrongful termination in San Bernardino, like throughout California, is governed by a complex interplay of state laws, case precedents, and employment contracts. Understanding these laws is crucial for both employees and employers to protect their rights and responsibilities. This section will Artikel key aspects of California’s wrongful termination laws, focusing on common claims and employer defenses.
California is an “at-will employment” state, meaning employers can generally terminate employees for any non-discriminatory reason, or no reason at all. However, several exceptions exist, providing legal recourse for employees who believe they’ve been wrongfully terminated.
Key Elements of California’s Wrongful Termination Laws, Wrongful termination lawyer san bernardino
California’s wrongful termination laws protect employees from dismissal based on illegal or unethical practices. These laws are designed to ensure fair treatment in the workplace and prevent discrimination and retaliation. Key elements include the establishment of a legally sound reason for termination, the adherence to proper procedures, and the absence of discriminatory or retaliatory intent. Violation of these elements can lead to successful wrongful termination claims.
Types of Wrongful Termination Claims
Several types of wrongful termination claims exist under California law. These claims offer legal avenues for employees who have suffered unfair or illegal dismissal.
- Breach of Contract: This claim arises when an employer violates a written or implied employment contract, such as firing an employee without adhering to the terms of a legally binding agreement outlining a specific termination process or severance package.
- Whistleblower Retaliation: California law protects employees who report illegal or unethical activities within their workplace. Retaliatory termination for reporting such activities constitutes wrongful termination. For example, an employee reporting safety violations and subsequently being fired could have a valid claim.
- Discrimination: California’s Fair Employment and Housing Act (FEHA) prohibits discrimination based on various protected characteristics, including race, religion, sex, national origin, age, disability, and sexual orientation. Termination based on any of these protected characteristics is unlawful.
- Wrongful Discharge in Violation of Public Policy: This claim applies when an employee is terminated for refusing to perform an illegal act, or for exercising a legal right, such as filing a workers’ compensation claim. For instance, an employee fired for refusing to falsify company records would have grounds for this claim.
Examples of Wrongful Termination in San Bernardino
Numerous scenarios in San Bernardino could constitute wrongful termination. These examples highlight the diverse applications of California’s wrongful termination laws.
- An employee is fired for taking legally mandated family leave under the Family and Medical Leave Act (FMLA).
- An employee is terminated after reporting their supervisor’s sexual harassment to human resources.
- An employee, who is over 40, is replaced by a younger, less experienced employee, and the company offers no legitimate, non-discriminatory reason for the termination.
- An employee is dismissed for refusing to participate in illegal activities requested by their manager.
Common Employer Defenses in Wrongful Termination Cases
Employers often utilize several defenses when faced with wrongful termination lawsuits. Understanding these defenses is crucial for employees pursuing such claims.
- Legitimate Business Reason: Employers may argue that the termination was justified due to legitimate business needs, such as poor performance, economic downturn, or restructuring. This defense requires the employer to provide substantial evidence supporting the claim.
- At-Will Employment: As mentioned, California is an at-will employment state. Employers may argue that they had the right to terminate the employee without cause, provided the termination was not discriminatory or retaliatory.
- Employee Misconduct: Employers may assert that the employee engaged in misconduct that justified termination, such as insubordination, theft, or violation of company policy. However, this defense must be supported by clear evidence.
Finding a Wrongful Termination Lawyer in San Bernardino: Wrongful Termination Lawyer San Bernardino
Securing legal representation after wrongful termination is crucial for protecting your rights and pursuing compensation. Navigating the legal landscape can be challenging, so understanding how to find a qualified and effective lawyer is paramount. This section provides resources and guidance to help you in your search for a wrongful termination lawyer in San Bernardino.
Resources for Finding Qualified Employment Lawyers
Finding the right legal counsel begins with knowing where to look. Several resources can assist in locating qualified employment lawyers specializing in wrongful termination cases in San Bernardino. Below is a table outlining some key avenues for your search. Remember to always verify the lawyer’s credentials and experience before engaging their services.
Resource Type | Name | Contact Information | Specialization |
---|---|---|---|
State Bar Association | State Bar of California | Website: calbar.ca.gov; Phone: (415) 561-8200 | Provides lawyer directory and disciplinary information. |
Online Legal Directories | Avvo, Martindale-Hubbell, Justia | Websites: avvo.com, martindale.com, justia.com | Offer lawyer profiles with reviews, ratings, and practice areas. |
Referral Services | Local Bar Associations (e.g., San Bernardino County Bar Association) | Contact information varies; check online for local bar association websites. | May offer referral services to lawyers in specific practice areas. |
Professional Networks | LinkedIn, other professional networking platforms | Via respective platforms | Can help connect you with lawyers and gather recommendations. |
Factors to Consider When Choosing a Lawyer
Selecting the right lawyer is a critical decision. A comparison of several key factors will aid in making an informed choice. The following chart Artikels essential considerations.
Factor | Description | Importance |
---|---|---|
Experience | Years of experience handling wrongful termination cases, specific expertise in relevant employment law. | High – Experience translates to a deeper understanding of legal complexities and strategies. |
Fees | Hourly rate, contingency fees (percentage of settlement or judgment), retainer fees. Understand all fee structures upfront. | High – Transparency in fees is essential to avoid unexpected costs. |
Success Rate | While not always readily available, a lawyer’s track record of successful outcomes can be indicative of their capabilities. | Medium – Success rate should be considered in conjunction with other factors. |
Client Reviews | Online reviews and testimonials from previous clients can offer valuable insights into a lawyer’s professionalism and effectiveness. | High – Client feedback provides a real-world perspective on the lawyer’s approach and results. |
Importance of Checking Lawyer Credentials and Professional Affiliations
Verifying a lawyer’s credentials and affiliations is crucial to ensure you’re hiring a qualified and reputable professional. This involves checking their license status with the State Bar of California, verifying their membership in relevant professional organizations (e.g., employment law sections of bar associations), and researching any disciplinary actions or complaints filed against them. Failing to conduct this due diligence could lead to engaging an unqualified or unethical lawyer, potentially jeopardizing your case.
Questions to Ask Potential Lawyers During Consultations
A consultation allows you to assess the lawyer’s suitability for your case. Prepare a list of questions to gain clarity on their approach, experience, and fees. The following questions are examples of what to ask.
Question Type | Example Questions |
---|---|
Experience and Expertise | How many wrongful termination cases have you handled similar to mine? What is your experience with cases involving [specific circumstances of your case]? What is your success rate in cases like mine? |
Legal Strategy | What is your proposed legal strategy for my case? What are the potential outcomes, and what is your assessment of the likelihood of success? What are the potential challenges and how would you address them? |
Fees and Payment | What are your fees and how are they structured? What expenses are included and excluded? Do you offer payment plans? |
Communication and Accessibility | How often will you update me on the progress of my case? How can I best reach you with questions or concerns? What is your process for handling communication? |
The Process of Filing a Wrongful Termination Lawsuit

Filing a wrongful termination lawsuit in San Bernardino, California, is a complex legal process requiring careful planning and execution. Success hinges on meticulously documenting every step, gathering substantial evidence, and adhering to strict procedural timelines. This process can be lengthy and costly, so seeking legal counsel from an experienced wrongful termination lawyer is crucial.
Gathering Evidence
Compiling compelling evidence is paramount to a successful wrongful termination claim. This evidence must convincingly demonstrate that the termination violated California’s employment laws, such as those prohibiting discrimination or retaliation. The types of evidence collected will vary depending on the specifics of the case, but common examples include employment contracts, emails, performance reviews, disciplinary actions, and witness testimonies. Employment contracts, if available, clearly Artikel the terms of the employment relationship and can reveal potential breaches. Emails, both internal and external, can provide a chronological record of communications, potentially showcasing discriminatory remarks or retaliatory actions. Performance reviews offer insights into the employee’s work history, allowing the lawyer to counter claims of poor performance. Disciplinary actions, if any, should be thoroughly examined for inconsistencies or discriminatory patterns. Finally, witness testimonies from colleagues or supervisors can corroborate the employee’s claims and provide valuable perspectives on the circumstances surrounding the termination. It is crucial to preserve all relevant evidence and handle it appropriately to ensure its admissibility in court.
Preparing and Filing Legal Documents
The process of preparing and filing the necessary legal documents requires adherence to specific legal procedures and deadlines. First, a complaint must be drafted, outlining the facts of the case, the legal claims being asserted, and the relief sought (e.g., back pay, damages). This document must be meticulously detailed and accurate, providing a clear and concise narrative of the events leading to the wrongful termination. The complaint must then be filed with the appropriate court in San Bernardino County, along with the filing fee. After filing, the defendant (the employer) is served with a copy of the complaint and summons, formally notifying them of the lawsuit. The defendant then has a specified time frame to respond to the complaint, typically by filing an answer. Throughout this process, strict adherence to deadlines and court rules is critical to avoid procedural errors that could jeopardize the case. Failure to meet deadlines can result in sanctions or dismissal of the lawsuit.
Potential Timelines and Costs
Wrongful termination lawsuits can take considerable time to resolve, often spanning several months or even years. The length of the process depends on various factors, including the complexity of the case, the willingness of both parties to settle, and the court’s docket. For example, a straightforward case with clear evidence might settle relatively quickly through mediation or arbitration, while a more complex case involving multiple claims and extensive discovery could take significantly longer. Additionally, the costs associated with litigation can be substantial, including attorney fees, filing fees, expert witness fees, and other litigation expenses. These costs can quickly accumulate, potentially exceeding the potential recovery, making it essential to carefully weigh the potential benefits against the financial risks before proceeding with a lawsuit. A successful outcome may lead to compensation for lost wages, emotional distress, and punitive damages. However, the financial reality is that even with a successful outcome, significant legal fees can still reduce the net gain. A realistic assessment of the potential costs and timelines is vital before commencing legal action.
Damages in Wrongful Termination Cases

Wrongful termination lawsuits in San Bernardino, like elsewhere, can result in significant financial awards to the wronged employee. The damages awarded are designed to compensate the plaintiff for their losses and, in certain circumstances, to punish the employer for egregious conduct. The specific types and amounts of damages vary greatly depending on the facts of each case and the applicable laws.
Calculating damages in a wrongful termination case is a complex process involving various factors. The court considers not only the immediate financial losses but also the potential for future earnings and the emotional toll the termination has taken on the plaintiff. Expert testimony, such as from economists and psychologists, is often crucial in establishing the extent of these losses and justifying the requested damages.
Types of Damages Awarded
Several types of damages are commonly awarded in successful wrongful termination lawsuits. These include economic damages, designed to compensate for financial losses, and non-economic damages, which address intangible losses.
Economic damages typically include back pay (wages lost from the date of termination to the date of judgment), lost future earnings (projected income the plaintiff would have earned had they not been wrongfully terminated), and benefits lost (such as health insurance, retirement contributions, and stock options). The calculation of lost future earnings often involves projecting the plaintiff’s career trajectory, considering factors like potential promotions, raises, and the overall economic climate. Benefits lost are calculated based on the value of the benefits the employee would have received.
Calculation of Damages
The calculation of damages is highly fact-specific and requires careful consideration of various factors. For instance, back pay is relatively straightforward, calculated based on the plaintiff’s salary and the duration of unemployment. However, calculating lost future earnings is more complex. Experts often use statistical models and employment projections to estimate the plaintiff’s potential future income. They may consider factors such as the plaintiff’s age, experience, education, job performance, industry trends, and the availability of comparable employment opportunities.
The amount awarded for emotional distress is even more subjective. Evidence such as medical records, therapy notes, and testimony from the plaintiff and witnesses can be used to demonstrate the emotional impact of the wrongful termination. The court will consider the severity and duration of the emotional distress, as well as the plaintiff’s overall mental health history. There is no fixed formula for calculating damages for emotional distress; the amount awarded is determined based on the judge or jury’s assessment of the evidence.
Examples of Successful Cases and Damages Awarded
While specific details of settlements and verdicts are often confidential, publicly available information from similar cases can provide a general understanding of potential damage awards. For example, a case involving a senior executive wrongfully terminated for whistleblowing might result in a multi-million dollar award encompassing back pay, lost future earnings, and significant compensation for emotional distress and punitive damages. Conversely, a case involving a wrongful termination of an entry-level employee might result in a smaller award primarily focused on back pay and lost benefits. The variability highlights the significance of individual case facts.
Punitive Damages
Punitive damages are intended to punish the employer for particularly egregious conduct and deter similar actions in the future. They are not designed to compensate the plaintiff for their losses but rather to send a message that such behavior is unacceptable. Punitive damages are typically awarded only in cases involving malice, fraud, oppression, or gross negligence. The amount of punitive damages can be substantial, often exceeding the amount of compensatory damages. For instance, a case involving intentional discrimination or retaliation might justify a significant punitive damage award to reflect the severity of the employer’s actions.
Common Mistakes to Avoid When Pursuing a Wrongful Termination Claim

Successfully navigating a wrongful termination claim in San Bernardino requires careful planning and execution. Many employees, understandably upset and stressed by their dismissal, make mistakes that can significantly weaken their case or even prevent them from receiving any compensation. Understanding these common pitfalls is crucial for protecting your rights and maximizing your chances of a favorable outcome.
Failing to properly document interactions with your employer is a pervasive error. This oversight can severely hinder your ability to prove your case, particularly when dealing with subjective claims like discrimination or retaliation. Thorough documentation strengthens your position and provides crucial evidence in court.
Importance of Documenting Interactions with Employers
Maintaining detailed records of all communications with your employer is paramount. This includes emails, letters, performance reviews, notes from meetings, and even text messages. These documents serve as objective evidence supporting your claims. For instance, if you allege discriminatory treatment, documented instances of unequal treatment compared to similarly situated colleagues become invaluable. If you claim retaliation for reporting illegal activity, documented evidence of your report and subsequent negative actions taken by your employer becomes crucial. Even informal conversations should be documented as soon as possible, ideally the same day, including the date, time, individuals involved, and a summary of the discussion. Remember, the more comprehensive your records, the stronger your case.
Consequences of Failing to Follow Proper Legal Procedures
Ignoring legal deadlines and procedures can be fatal to your claim. Each state, including California, has specific statutes of limitations governing wrongful termination lawsuits. Missing these deadlines means your case will be dismissed, regardless of the merits of your claim. Similarly, failing to properly file the necessary paperwork, serve the appropriate parties, or follow court rules can lead to dismissal or significant delays, potentially impacting the strength of your case due to fading memories or lost evidence. This includes adhering to specific requirements for filing complaints with the Equal Employment Opportunity Commission (EEOC) or the Department of Fair Employment and Housing (DFEH) before pursuing a lawsuit, depending on the nature of your claim. For example, missing the EEOC filing deadline could severely limit your options for legal recourse.
Maintaining Professional Conduct Throughout the Legal Process
Maintaining a professional demeanor throughout the legal process is crucial. While understandable emotions may arise, outbursts, inappropriate communication, or a lack of cooperation with your attorney can damage your credibility and harm your case. Remember that your interactions, both written and verbal, are subject to scrutiny. Avoid making disparaging remarks about your former employer, even on social media, as these comments could be used against you. Maintain open and honest communication with your attorney, promptly providing all requested information and following their advice. Consistent professionalism reflects positively on your character and reinforces the seriousness of your claim.
Alternative Dispute Resolution (ADR) in Wrongful Termination Cases
Alternative Dispute Resolution (ADR) offers employees and employers in San Bernardino County alternative methods to resolve wrongful termination disputes outside of traditional litigation. These methods, primarily mediation and arbitration, can be significantly faster, less expensive, and less emotionally draining than a full-blown lawsuit. The choice between ADR and litigation depends heavily on the specific circumstances of the case and the preferences of the involved parties.
Mediation and arbitration are two common ADR methods used in wrongful termination cases. Mediation involves a neutral third party (the mediator) who facilitates communication between the employee and employer, helping them reach a mutually agreeable settlement. Arbitration, on the other hand, is a more formal process where the arbitrator hears evidence and arguments from both sides and then issues a binding decision. Both methods aim to resolve the dispute without the need for a lengthy and costly court trial.
Mediation in Wrongful Termination Cases
Mediation offers a flexible and confidential approach to resolving wrongful termination disputes. The mediator’s role is to guide the parties towards a compromise, focusing on finding common ground and addressing each side’s concerns. Because the process is less adversarial than litigation, it often allows for better preservation of working relationships, even if the employment relationship itself has ended. Successful mediation can result in a settlement agreement that includes financial compensation, reinstatement, or other remedies. However, if mediation fails to produce a settlement, the parties may still proceed with litigation.
Arbitration in Wrongful Termination Cases
Arbitration provides a more structured and formal approach to dispute resolution. The arbitrator acts as a private judge, hearing evidence and arguments presented by both sides before rendering a final and binding decision. While this decision is typically not subject to appeal, it can be overturned in limited circumstances, such as evidence of fraud or misconduct by the arbitrator. Arbitration can be faster and less expensive than litigation, but it also sacrifices some of the procedural safeguards and discovery rights available in court. The arbitrator’s decision is legally enforceable, similar to a court judgment.
Advantages and Disadvantages of ADR Compared to Litigation
Choosing between ADR and litigation involves weighing several factors. ADR generally offers advantages such as cost-effectiveness, speed, and confidentiality. Litigation, conversely, can be expensive, time-consuming, and publicly accessible. However, litigation offers greater procedural protections and the potential for a larger award, although this comes with greater risk and uncertainty. The specific advantages and disadvantages will vary depending on the facts of the case and the resources of the parties involved.
Feature | ADR (Mediation/Arbitration) | Litigation |
---|---|---|
Cost | Generally lower | Generally higher |
Time | Faster resolution | Slower resolution |
Confidentiality | High | Low (public record) |
Control | Shared control (mediation), less control (arbitration) | Less control (subject to court rules) |
Discovery | Limited | Extensive |
Situations Where ADR Might Be a Suitable Option
ADR is often a suitable option when the parties are willing to compromise and seek a relatively quick resolution. For example, ADR might be preferable in cases involving smaller claims, where the relationship between the parties could be salvaged, or where the costs of litigation would be disproportionately high. Cases involving complex legal issues or significant amounts of money might be better suited for litigation.
Selecting a Mediator or Arbitrator
The process of selecting a mediator or arbitrator often involves reviewing their qualifications and experience. Many organizations offer lists of qualified mediators and arbitrators. It’s crucial to choose a neutral party with expertise in employment law to ensure a fair and impartial process. The parties may jointly select a mediator or arbitrator, or they may each select one and those two individuals may then select a third. The specific selection process will depend on the chosen ADR method and the agreement between the parties.
Illustrative Case Studies of Wrongful Termination in San Bernardino
Understanding wrongful termination requires examining real-world scenarios. The following case studies illustrate how different legal principles apply in San Bernardino County, highlighting the complexities involved in proving wrongful termination. These are hypothetical examples based on common legal precedents and are not intended to represent specific cases.
Case Study 1: Retaliatory Discharge for Reporting Workplace Harassment
This case involves Maria Garcia, a long-time employee of a San Bernardino manufacturing plant. Maria reported her supervisor’s persistent sexual harassment to Human Resources. Following her report, her responsibilities were significantly reduced, she was excluded from important meetings, and ultimately, she was terminated, purportedly due to “performance issues.” Maria, however, had consistently received positive performance reviews prior to reporting the harassment.
- Facts: Maria reported sexual harassment; subsequently experienced reduced responsibilities, exclusion from meetings, and termination; positive performance reviews before reporting.
- Legal Issues: Retaliatory discharge under California Labor Code Section 1102.5, which prohibits employers from retaliating against employees who report workplace harassment.
- Evidence: Maria presented her performance reviews, emails documenting the harassment and her report, witness testimonies from coworkers corroborating the harassment and the change in her treatment after the report, and HR documentation.
- Legal Arguments: Maria argued that her termination was direct retaliation for reporting the harassment, citing the temporal proximity between the report and the negative actions taken against her, as well as the lack of legitimate performance issues before the report. The employer argued that Maria’s termination was due to legitimate performance concerns, unrelated to her harassment report.
- Court’s Decision: The court found in favor of Maria, concluding that the timing of her termination, the lack of prior performance issues, and the testimony supporting her claim of retaliation demonstrated a clear case of retaliatory discharge. The court awarded Maria back pay, front pay, emotional distress damages, and attorney’s fees.
Case Study 2: Wrongful Termination Based on Age Discrimination
John Smith, a 60-year-old sales manager with 25 years of experience at a San Bernardino-based company, was terminated after a new, younger manager was hired. The company claimed John’s termination was due to restructuring, but John’s performance reviews were consistently excellent, and he had consistently exceeded sales targets. The new manager was significantly younger and lacked John’s extensive experience.
- Facts: John, a 60-year-old employee with excellent performance reviews, was terminated after a younger manager was hired; the company cited restructuring.
- Legal Issues: Age discrimination under the California Fair Employment and Housing Act (FEHA), which prohibits discrimination based on age in employment.
- Evidence: John presented his positive performance reviews, evidence of the new manager’s age and lack of comparable experience, and testimony from coworkers suggesting age-related comments made by the new manager or other supervisors.
- Legal Arguments: John argued that the company’s stated reason for termination was pretextual, masking age discrimination. He highlighted his consistent strong performance and the lack of justification for his dismissal in light of the hiring of a significantly younger and less experienced replacement. The employer argued the restructuring was legitimate and unrelated to John’s age.
- Court’s Decision: The court ruled in favor of John, finding that the company’s claim of restructuring was not credible in light of John’s consistent strong performance and the hiring of a younger replacement. The court awarded John back pay, front pay, and emotional distress damages.
Case Study 3: Breach of Implied Contract for Wrongful Termination
Sarah Jones worked for a San Bernardino technology company for ten years. Her employment agreement was at-will, but she consistently received assurances from her supervisor regarding job security and long-term employment prospects, based on her strong performance and loyalty. Sarah was unexpectedly terminated without cause.
- Facts: Sarah, a ten-year employee with an at-will employment agreement, was terminated without cause; she received consistent assurances of job security from her supervisor.
- Legal Issues: Breach of implied contract; while the employment agreement was at-will, consistent promises of job security could create an implied contract.
- Evidence: Sarah presented emails and testimony from her supervisor and coworkers documenting the assurances of long-term employment, as well as evidence of her consistently strong performance.
- Legal Arguments: Sarah argued that the consistent assurances of job security from her supervisor created an implied contract that was breached by her termination without cause. The employer argued that the at-will nature of the employment agreement negated any implied contract.
- Court’s Decision: The court considered the totality of the evidence, including the consistent assurances of job security, Sarah’s long tenure, and her performance record. The court ruled in favor of Sarah, finding that the employer’s actions created an implied contract and that its breach resulted in damages to Sarah. The court awarded Sarah damages for breach of contract, including back pay and potentially other damages depending on the specifics of the case.
Last Recap

Facing wrongful termination can be a daunting experience, but understanding your legal rights and options is the first step toward achieving a just resolution. By carefully considering the information presented in this guide – from selecting the right attorney to navigating the legal process and understanding potential damages – you can build a strong foundation for your case. Remember, seeking legal counsel is crucial to protect your interests and pursue the best possible outcome. Don’t hesitate to reach out to a qualified wrongful termination lawyer in San Bernardino to discuss your specific situation and begin the path towards justice.
Expert Answers
What constitutes “just cause” for termination in California?
California is an “at-will” employment state, meaning employers can generally terminate employees for any non-discriminatory reason. However, certain exceptions exist, such as breaches of contract, violations of public policy, or retaliatory actions.
How much does a wrongful termination lawyer cost?
Fees vary widely depending on the lawyer’s experience, the complexity of the case, and the fee structure (hourly, contingency, etc.). Many lawyers offer free initial consultations to discuss fees and case strategy.
What is the statute of limitations for filing a wrongful termination lawsuit in California?
The statute of limitations varies depending on the type of claim. It’s crucial to consult with an attorney as soon as possible to ensure you meet all deadlines.
Can I represent myself in a wrongful termination lawsuit?
While you can represent yourself, it’s highly recommended to seek legal counsel. Employment law is complex, and an experienced attorney can significantly increase your chances of success.