Losing a job is tough, especially when it feels like you were wrongfully terminated. Whether you’re fired without cause, discriminated against, or retaliated against for reporting something illegal, wrongful termination is a serious issue that can leave you feeling lost and powerless. The good news is that, if you’ve been unfairly let go, you have rights—and filing a wrongful termination claim with an employment lawyer can help you protect those rights and possibly get the compensation you deserve.
In this guide, we’ll walk you through the steps involved in filing a wrongful termination claim and provide practical advice on how to work with an employment lawyer to make sure your claim is solid.
What is Wrongful Termination?
Before diving into the specifics, it’s important to understand what qualifies as wrongful termination. In general, wrongful termination occurs when an employer fires an employee in violation of the employee’s rights or employment law.
A termination might be considered wrongful for several reasons, including:
- Discrimination: If you’re fired because of your race, gender, sexual orientation, religion, disability, or any other characteristic protected by law.
- Retaliation: If you’re let go for reporting misconduct, filing a workers’ compensation claim, or whistleblowing.
- Breach of contract: If your employer terminates you before your contract ends without a valid reason.
- Violation of public policy: If you’re fired for refusing to do something illegal or because you’ve taken time off for jury duty, voting, or using family leave.
Essentially, if your employer fires you for an illegal reason or violates the terms of your employment agreement, you may have a wrongful termination case.
Step 1: Understand Your Rights and Gather Evidence
The first thing you need to do is understand your rights. Federal laws protect workers from wrongful termination in many cases, but state laws can vary, and some states may offer additional protections. In general, if you believe you’ve been wrongfully terminated, the following may apply:
- Anti-discrimination laws under Title VII of the Civil Rights Act of 1964, the Equal Pay Act, and the Americans with Disabilities Act (ADA).
- Whistleblower protection laws, including the False Claims Act and state-specific whistleblower laws.
- Labor laws, including protections for workers who take medical leave or refuse to engage in illegal activities at the workplace.
As soon as you believe you’ve been wrongfully fired, it’s crucial to gather evidence to back up your claim. This might include:
- Your employment contract or offer letter—this can help establish the terms of your job and whether they were violated.
- Emails or other written correspondence that could indicate discrimination or retaliation.
- Performance reviews showing that you were a solid employee and were terminated without a valid reason.
- Witness testimony—if any colleagues or supervisors witnessed the events leading to your termination, their statements can help solidify your case.
Document everything, even if you think it’s not important. The more proof you have, the stronger your case will be.
Step 2: Consult with an Employment Lawyer
Once you have your evidence and a clear understanding of your situation, the next step is to consult with an employment lawyer. Many employment lawyers offer free consultations or charge a low fee for the initial meeting, so don’t hesitate to reach out.
During the consultation, the lawyer will review the details of your termination and help you understand whether you have a valid wrongful termination claim. A few key things an employment lawyer can help you with:
- Legal advice about the specifics of your case and the relevant federal and state laws.
- Evaluation of your evidence to determine how strong your case is.
- Strategy development on how to approach the claim, including whether to file a lawsuit, settle, or take another route.
- Filing the claim on your behalf and representing you in any legal proceedings if necessary.
When choosing a lawyer, make sure you work with someone who specializes in employment law and has a track record of successfully handling wrongful termination cases. Look for reviews, ask for recommendations, and don’t hesitate to ask the lawyer about their experience in similar cases.
Step 3: File Your Claim
If your employment lawyer believes you have a strong case, the next step is to file your wrongful termination claim. There are two main ways to proceed with a wrongful termination claim:
1. File a Complaint with the EEOC or State Agency
Before you file a lawsuit, you may need to first file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s fair employment practices agency. This is a mandatory step if you’re alleging discrimination, harassment, or retaliation. Here’s how it works:
- The EEOC will review your case and, depending on the specifics, may decide to investigate further.
- In some cases, the EEOC may issue a Right to Sue letter, which is necessary to move forward with your lawsuit.
The state agency might operate similarly, but its jurisdiction will vary depending on your location.
2. File a Lawsuit
Once you receive a Right to Sue letter or if you are pursuing a claim for breach of contract or another reason not covered by the EEOC, you can file a wrongful termination lawsuit in state or federal court. Your employment lawyer will help with:
- Preparing and filing the necessary paperwork with the court.
- Drafting legal arguments to support your case.
- Representing you during negotiations, depositions, and trial.
The lawsuit process can be lengthy and stressful, but with the right legal team, you will have a better chance of success.
Step 4: Settlement vs. Going to Court
Once the claim is filed, your employer may choose to settle the case before it goes to trial. Settling is often a good option if both parties can come to an agreement that benefits everyone, without the need for a lengthy and expensive court battle.
Some things that can lead to a settlement include:
- Strong evidence: If your evidence strongly supports your claim, the employer might be more willing to settle.
- Legal fees and risks: Employers might settle to avoid long legal battles and the potential for an unpredictable jury verdict.
- Desire to avoid public exposure: Some employers may settle to avoid the negative publicity of a public trial.
However, not all wrongful termination cases will settle. If your employer refuses to settle or the settlement terms are not satisfactory, your lawyer will proceed with litigation.
Step 5: Know What You’re Entitled To
If you win your wrongful termination case or settle, you may be entitled to various damages, including:
- Back pay: Compensation for the wages you lost after being fired.
- Front pay: Compensation for the future wages you would have earned if you hadn’t been terminated.
- Compensatory damages: Money for emotional distress, suffering, or damage to your reputation.
- Punitive damages: In cases of egregious employer misconduct, you may also receive punitive damages, which are designed to punish the employer.
- Reinstatement: In some cases, the court may order your employer to rehire you, although this is not always an option.
Keep in mind that the outcome of your case depends on the specific facts, the strength of your evidence, and the legal options available to you.
Final Thoughts
If you’ve been wrongfully terminated, the legal path may seem overwhelming, but you don’t have to navigate it alone. By working with a skilled employment lawyer, you can build a strong case and increase your chances of receiving the compensation and justice you deserve. Remember, taking action sooner rather than later is important—there are time limits for filing wrongful termination claims, so don’t wait too long to get the legal help you need.