How to Survive a Wrongful Termination

If you have been terminated from your employment while engaging in a protected behavior, stand up for your rights!

Instructions

Difficulty: Challenging

Things You’ll Need:

• Notes, if you've been keeping them
• Documentation of all communications with involved parties
• Perseverance
• An attorney, as a final resort

1. Contact your state's Labor Board to file a complaint. The Labor Board will usually provide recorded information about the types of complaints they handle and the appropriate forms you will need to complete. They will also provide information about the types of protected behaviors for which you cannot be terminated, including actions to protect your health and/or safety.
   
   After determining with which organizations to file your complaint and completing the appropriate forms, mail the forms and any documentation or witness information you may have. Be prepared to wait from 3-4 weeks for a response.
   
   If you are filing a discrimination or retaliation complaint, you have 6 months from the date of the incident to file your complaint.
2. If you are filing a health and/or safety claim, contact OSHA to file a complaint and request an investigation of the work site. OSHA gives you an option of providing your name to the employer about whom you are complaining or remaining anonymous. You will have to provide OSHA with your contact information.
   
   You have 30 days from the date of incident to file this complaint. In California, you can file and submit an OSHA complaint online. Be certain to provide all of the specific information requested in the online form.
3. File for unemployment. Even though you were terminated, file for this benefit. You will have to complete a telephone interview and answer questions about how you were terminated. For example, you may be asked if you were warned that the behavior you were engaging in could result in your firing. You may be asked when you were warned.
4. Look for free legal aid, particularly employment or wrongful termination specialists. An Internet search should yield local results for your state. Sometimes, you can find links to free legal aid through your state's .gov website.
   
   Seek referrals to employment and labor law specialists. Some attorneys will take a case on contingency. Keep this option in mind in case you are unable to find free legal assistance.
   
   If you have an attorney on retainer, inform them immediately of your wrongful termination and list them on your original complaint to the Labor Board as your representation. Contacting an attorney can be your first or last step. The Labor Board will attempt to resolve the situation whether or not you have representation. If you have to attend a hearing, you may have an attorney represent you.
5. If you were fired after reporting bias or in retaliation for reporting policy violations, file a complaint with the Department of Fair Employment and Housing and the Equal Employment Opportunity Commission. Retaliation firing has been found to be a violation of civil rights and is considered a form of discrimination.

Tips & Warnings

• Maintain a journal or keep hard copy notes of any activities on your job that threaten your health, safety, or other protected statuses. Have the names and phone numbers of co-workers who are subjected to similar treatment and their permission to submit their information as witnesses should the need arise.
• Know your rights as an employee.
• Do not acquiesce to poor or illegal treatment by an employer.
• Document everything: phone calls, written correspondence, witness information.
• Know that employers will lie to prevent you from receiving unemployment benefits.
• Know that employers will lie to cover for themselves.
• You may have to search for a very long time to find legal aid. Don't give up the search if you are not able to find an attorney quickly.
• Know that many investigations by state and federal agencies can take as long as one year to be completed. The minimum amount of investigatory time is 180 days.