How to Claim For Wrongful Termination
If you have been recently fired or laid off by your employer, and have reason to believe that your employer made that decision based on an illegal factor, you may have the right to make a claim for wrongful termination. Legal remedies for wrongful termination may include money damages, punitive damages or even job reinstatement.
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Instructions
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Understand the basic law of wrongful termination. Generally, wrongful termination occurs when an employer fires an employee in violation of state or federal anti-discrimination laws, in violation of the employment agreement, in violation of labor laws or in retaliation for an employee's discrimination claim.
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Review your employment contract. Read over the terms of the agreement to determine if the employer violated any of its terms or neglected to follow any procedures set forth in the agreement.
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Request information. Inquire as to the specific reasons for the termination and request that the employer provide these to you in written form.
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Ask for a copy of your personnel file or, at least, the opportunity to view your file. See whether your employer has documented the reasons leading up to your termination. Lack of documentation or failure to document events accurately and contemporaneously can lend support to your claim for wrongful termination.
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Gather evidence. Make copies of all correspondence between you and your employer regarding the termination decision and all other relevant documents, including your personnel file, evaluations or any disciplinary memorandum.
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Seek professional counsel. Consult with an attorney experienced in employment law issues for advice and representation in making a wrongful termination claim. Many attorneys will accept these cases on a contingency basis if you have a strong enough case.
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Tips & Warnings
Don't delay. Every claim is subject to a statute of limitations which depends on the state the claim is brought in and the nature of the charges. Consult with an attorney for more information.
