How to Handle Wrongful Termination: Legal Steps and Advice
It’s one thing to get fired. It’s another thing to get fired illegally. It’s also more common than you might think. Unfortunately…
Most employees never even realise they were terminated against the law. They clean out their desk, turn in their badge, and move on.
That’s a mistake.
Knowing the legal steps to take after a wrongful termination is the difference between simply walking away and receiving the compensation that is owed to you.
In this article you will learn…
- What Exactly Is Wrongful Termination?
- Signs That Point to an Illegal Firing
- Legal Steps to Take After Being Wrongfully Terminated
- Building a Strong Case With Evidence
- Why Employment Law Services Matter
What Exactly Is Wrongful Termination?
Wrongful termination occurs when an employer fires an employee for an illegal reason. And, it’s not as uncommon as you might think.
Most states are “at-will” employment states. In these places, an employer has the legal right to fire workers for almost any reason… or no reason at all.
Except in these cases.
An employer cannot fire someone for a reason that is against federal or state law. Illegal firing causes include termination based on discrimination, retaliation, or a breach of an employment contract.
Some of the most common illegal firing causes are:
- Discrimination based on factors such as race, gender, age, religion, or disability
- Retaliation for reporting harassment, safety violations, or other protected activity
- Terminating an employee for taking a type of protected leave
- Breaching an implied or written contract of employment
The problem is that very few employers will flat out admit to these reasons. Instead, they will hide behind the flimsiest of excuses for an illegal firing. Excuses such as “restructuring” and “poor performance.”
That’s when employment law services come into play. Law firms such as Punchwork Law Offices specialise in digging up the truth behind suspicious firings and giving working men and women the fight they deserve.
Signs That Point to an Illegal Firing
Of course, employees have to be able to identify the fact that they were terminated illegally.
Here are some red flags to look for…
- Sudden change in treatment. Performance was fine until they reported harassment or requested a leave. Suddenly the employee’s performance reviews declined, and the termination was next.
- Inconsistent reasoning. The stated reason for termination just doesn’t line up with reality. Suddenly firing an employee with a history of positive performance reviews for “poor performance” does not make sense.
- Timing is suspicious. Firing someone right after they report discrimination, ask for accommodations, or return from medical leave is a major red flag.
- Others were treated differently. In other cases with similar problems and complaints, other employees were allowed to keep their jobs while certain employees were targeted.
According to research from Martindale-Nolo, 43% of wrongful termination plaintiffs received some form of compensation through settlements or court-awarded verdicts. The chances of success increase even higher when employees have a strong body of evidence and legal representation.
Legal Steps to Take After Being Wrongfully Terminated
Taking immediate legal action is important. Following is a list of what you should do…
Document Everything
The first thing to do is to start collecting evidence. Evidence includes…
- Emails and written communication
- Performance reviews and evaluations
- Documentation related to any complaints filed
- Witness names and contact information
- Notes about any conversations with supervisors
The more documentation you can amass, the better. The success rate of wrongful termination cases that have both witness testimony and written evidence is 63%. Cases with just one or neither fall much lower.
Request Personnel Files
Requesting a copy of your personnel files is important.
In some states employees have the right to request a copy of their personnel files. This can provide information on how the termination was internally documented.
Look for any inconsistencies between verbal statements and written documentation.
File a Complaint With the EEOC
Most employees will need to file a charge with the Equal Employment Opportunity Commission before filing a lawsuit.
The important things to remember about this step are:
- Time limits apply (generally 180 to 300 days)
- The EEOC will investigate the complaint
- A “right to sue” letter is usually needed to proceed with a lawsuit
Failure to adhere to deadlines can result in a loss of the right to take legal action.
Consult an Employment Attorney
This step is non-negotiable if the case is serious.
An experienced employment attorney can review the case to determine if it has merit, advise on available options, and manage the legal process. Most employment lawyers offer free consultations to review potential cases.
Building a Strong Case With Evidence
Cases aren’t won with testimony alone. Cases must be won with evidence.
Without evidence, a wrongful termination claim is just a “he said, she said” argument that is nearly impossible to prove.
The strongest evidence includes:
- Written documentation showing inconsistent treatment
- Emails or text messages showing discriminatory intent
- Performance records that refute the employer’s stated reasons
- Testimony from coworkers who witnessed key events
Employers know this which is why they often attempt to control the narrative as soon as possible after a decision to terminate someone is made. Employers control the narrative by documenting “performance issues” after deciding to terminate an employee.
Smart employees keep their own records from day one of employment and not just after problems arise.
Why Employment Law Services Matter
Can employees pursue wrongful termination cases on their own?
Yes. The odds of winning are low.
Employers have legal teams, HR departments, and dedicated resources to help them defend against wrongful termination and other employment law claims. Employees fighting these organisations without professional representation are at a massive disadvantage.
Employment attorneys level the playing field by:
- Identifying all possible legal claims
- Negotiating with employers
- Managing complex procedural requirements
- Representing clients in court if necessary
Most employment attorneys work on a contingency basis which means they only get paid if the case is won. This eliminates the up-front cost barrier for fired employees who don’t have money for legal fees.
The Bottom Line
Wrongful termination is more common than you might think. Tens of thousands of workers file discrimination charges involving illegal terminations each year.
The problem is that not everyone who is wrongfully terminated takes action. Fear of retaliation, lack of resources, and simple ignorance of the law prevent people from fighting back against illegal terminations.
That doesn’t have to be your future.
By knowing what constitutes wrongful termination, recognising warning signs, and understanding the legal steps to take after being terminated, employees can protect their rights and hold bad employers accountable.
The key takeaways are simple:
- Document everything from day one of employment
- Be aware of deadlines for filing complaints
- Get professional legal help for serious cases
- Don’t be afraid to take action
Winning wrongful termination cases is possible. The employees who come out ahead are those who act quickly, gather solid evidence, and work with experienced legal professionals who know how to play the system.
That first step may seem scary. However, doing nothing guarantees one outcome…
Nothing changes.
