What to Do If You’ve Been Wrongfully Terminated: A Step-by-Step Guide -

Being wrongfully terminated from your job is a distressing experience that can leave you feeling confused, frustrated, and uncertain about what to do next. However, if you believe that your termination was unlawful—whether due to discrimination, retaliation, or breach of contract—it’s important to take the right steps to protect your rights and seek justice.

In this blog post, we will provide you with a clear, step-by-step guide on what to do if you’ve been wrongfully terminated, from documenting the incident to seeking legal advice and potentially filing a lawsuit.

1. Stay Calm and Assess the Situation

The first thing you need to do after being terminated is to take a moment to stay calm and process the situation. Although it can be difficult, it’s important not to make any rash decisions or engage in heated exchanges with your employer immediately after being fired.

Assess the Situation:

Was your termination related to illegal actions? For example, was it due to discrimination, retaliation, or a violation of your employment contract?
Do you have any evidence that suggests your firing was wrongful? This could include things like positive performance reviews, discriminatory comments, or conflicting reasons for your termination.

By taking time to gather your thoughts and assess the situation, you’ll be in a better position to make informed decisions moving forward.

2. Document Everything

The next step in addressing a wrongful termination is to document everything related to your firing. This includes any conversations, emails, memos, or documents that could help you build a case.

Key documentation to collect:

Your termination letter or notice: If you received a letter or notice of termination, keep a copy for your records. Pay attention to the stated reason for your firing.
Emails or communications: Save any emails, text messages, or memos that relate to your termination, performance, or any communications with your employer that may suggest discrimination, retaliation, or unfair treatment.
Performance reviews: Gather copies of any performance evaluations that show you were meeting or exceeding expectations at the time of your termination.
Witness statements: If any coworkers or colleagues witnessed your termination or are aware of any unfair treatment, ask them to write statements or be available to testify on your behalf.

This documentation will be crucial if you decide to pursue legal action or file a complaint with an agency such as the Equal Employment Opportunity Commission (EEOC).

3. Understand Your Rights and Legal Options

After documenting the situation, the next step is to understand your legal rights. While employment laws vary by state and situation, there are certain protections in place that safeguard employees from wrongful termination.

Key factors to consider:

At-will employment: Most employees in the United States are considered “at-will,” meaning an employer can fire you for any reason, as long as it’s not illegal (such as discrimination or retaliation). However, if your firing violated any public policy (like firing you for taking family medical leave) or if you had an employment contract that outlined specific termination procedures, the termination could still be wrongful.
Protected classes: Federal laws protect employees from discrimination based on race, gender, age, disability, religion, or national origin. If you believe your firing was due to one of these factors, you may have grounds for a discrimination claim.
Retaliation: It’s illegal for employers to fire employees in retaliation for engaging in protected activities, such as filing a workers’ compensation claim, reporting illegal activity (whistleblowing), or participating in a discrimination investigation. If you were fired shortly after engaging in any of these activities, your termination may have been retaliatory.

Take the time to review your rights under both federal and state law to see if your termination falls under any of these protected categories.

4. File a Complaint with the EEOC or State Agency

If you believe your termination was based on discrimination or retaliation, the next step is to file a formal complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s equivalent agency.

Why file a complaint?

The EEOC investigates claims of discrimination and retaliation. Before you can file a lawsuit in federal court for discrimination or retaliation, you are typically required to file a complaint with the EEOC. This is known as exhausting administrative remedies. If the EEOC finds merit in your claim, they may issue a Right to Sue letter, which allows you to take your case to court.

Filing process:

File within 180 days: You must file your complaint with the EEOC within 180 days of the alleged discriminatory or retaliatory act.
Provide details: When filing a complaint, be prepared to provide detailed information about the termination, the reasons you believe it was wrongful, and any evidence you have to support your claims.

Once you’ve filed your complaint, the EEOC will investigate and either resolve the issue or issue a Right to Sue letter, which gives you the right to file a lawsuit.

5. Consult an Employment Lawyer

Consulting with an employment lawyer is one of the most important steps you can take in a wrongful termination case. A skilled lawyer can provide expert guidance, help you evaluate your case, and assist you in filing a claim with the EEOC or in court.

Why consult a lawyer?

Legal expertise: Employment law can be complex, and a lawyer will help you understand the nuances of wrongful termination laws and identify whether you have a strong case.
Legal representation: If your case goes to court, having an attorney who specializes in wrongful termination can greatly increase your chances of success. They can help you navigate the legal process, negotiate settlements, and represent your interests in court.
Evidence evaluation: A lawyer can help you assess the strength of the evidence you’ve gathered and may suggest additional evidence or strategies to improve your case.

During your initial consultation, make sure to provide all relevant documentation and information about your termination. This will help your lawyer assess the potential for success in your case.

6. Consider Alternative Dispute Resolution (ADR)

Not all wrongful termination cases go to trial. Many employers prefer to resolve disputes through Alternative Dispute Resolution (ADR), such as mediation or arbitration, before going to court. ADR processes can be faster and less costly than litigation.

Mediation vs. Arbitration:

Mediation: A neutral third party helps both parties reach a voluntary settlement. It is informal and can lead to a mutually agreeable resolution.
Arbitration: A neutral third party makes a binding decision, which both parties must accept.

If your employer suggests ADR, consult your attorney to determine whether it is a viable option for your case. Sometimes, a settlement through ADR can offer faster compensation and resolution.

7. Prepare for a Possible Lawsuit

If mediation or arbitration does not resolve the issue, and if your case is strong, your lawyer may recommend pursuing a wrongful termination lawsuit. Depending on the circumstances, this lawsuit may be based on discrimination, retaliation, breach of contract, or other legal violations.

What to expect:

Discovery process: Your attorney will gather additional evidence, take depositions, and prepare your case for trial.
Settlement negotiations: Many wrongful termination cases are settled out of court. Your attorney will work to negotiate a fair settlement if possible.
Court trial: If a settlement cannot be reached, your case may go to trial, where a judge or jury will determine the outcome.

A wrongful termination lawsuit can be time-consuming and costly, but it is sometimes the best option for getting the justice and compensation you deserve.

Conclusion

Being wrongfully terminated can feel overwhelming, but taking the right steps can help you protect your rights and pursue justice. By documenting the situation, understanding your legal rights, filing a complaint with the EEOC, consulting with an attorney, and considering all options for resolution, you can navigate the process with confidence and increase your chances of a favorable outcome.

If you believe you’ve been wrongfully terminated, don’t hesitate to take action. The sooner you act, the better your chances of holding your employer accountable and securing the compensation you deserve. We recommend wrongful termination lawyers maryland.