How to File a Wrongful Termination Suit
Filing a wrongful termination lawsuit is a lengthy and complex process. This process can be simplified by understanding key legal terms, as well as browsing the references and resources of those organizations and regulations governing this topic.
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Instructions
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Get started
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Do a personal assessment of yourself and the situation from beginning to end. Realize that the process may not be easy, but if you truly feel that your rights have been violated, prepare yourself mentally for the hard work and challenges that might lie ahead.
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Gather and organize all work-related materials, such as the job offer letter, employment contract, time sheets, employee handbook, performance reviews, recommendations for promotion and any other related items. Create a binder or folder in which to place these documents. Type an index or itemized list of each document and place it at the front of the binder for quick reference. Format the list in reverse chronological order (most recent documents first) so that as more documents are added, you won't have to bother placing them at the bottom of the pile. Draft a summary of your case containing basic facts and highlights. Make it the first document the attorney or paralegal will see upon opening the book.
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Shop around for an experienced attorney who specializes in employment law. Call or visit your local bar association for a list of employment lawyers in your area or do an Internet search under the organizations listed in the Tips and Warnings section below. If you do not have access to a computer, search the Yellow Pages. Keep in mind that some, not all, attorneys offer free initial consultations.
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Ask your attorney (when you hire one) about filing your initial complaint with the Equal Employment Opportunity Commission (EEOC), if your claim is based on discrimination or harassment. For example, almost all types of employment discrimination lawsuits require filing a charge with EEOC before a private lawsuit may be filed in court. There are strict time limits within which charges must be filed. Visit the EEOC website for more specific information on the complaint process and time requirements.
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Type your complaint (or your attorney will have his paralegal or legal secretary do so) and have it filed at the Clerk of Court's office, located in the local courthouse. Your attorney will decide whether it's appropriate to file in State or Federal court, depending on the specifics of your case. In accordance with local court rules and depending on the number of defendants, you will have to file the original signed complaint and several copies. The clerk will date and time-stamp each document and place the original in the courthouse file. The clerk's office will then prepare a civil summons, which will be served along with the complaint, on the defendant(s).
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Await the defendant's answer to your complaint. In accordance with the court rules and the State or Federal Rules of Civil Procedure (depending on which court you filed in), the defendant has a certain amount of time to file an answer. If they fail to do so, then a default judgment can be entered in your favor. Meanwhile, as the case progresses, there will be several other responsive pleadings filed from both sides.
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Undergo the process of discovery, in which facts are gathered from both sides, in preparation for possible trial. Discovery consists of interrogatories, depositions, subpoenas and other procedures employed to obtain testimony, documents and physical evidence from the opposing party. Attempts to settle may be made on behalf of either party along the way.
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Begin pre-trial conferences and preparation for impending trial, if all settlement attempts have failed. Once the trial process is complete and the judgment has been issued, the enforcement phase will begin, unless the judgment is disputed or appealed.
Legal Terminology
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Below are some important terms to remember in the lawsuit process. Refer to Black's Legal Dictionary and Webster's dictionaries for more formal, detailed descriptions.
Acceptance/Acknowledgment of service: The voluntary decision of a defendant to acknowledge, in writing, that he or she has been served with a copy of the lawsuit paperwork. This method is used in place of a process server.
Appeal: The process of disputing a court's formal decision (judgment) based on certain circumstances or facts.
Cause of action: The incident or situation that forms the basis of a legal dispute or suit.
Civil summons: A legal document that is issued by the court and delivered, along with the complaint, to the defendant, thereby alerting him or her that they have been sued. It also gives the defendant a certain amount of time to file a written "answer" to the complaint regarding allegations raised in the suit. Also states the date in which the parties must appear before the court to plead their respective cases.
Complaint: Also known as a "petition." An action filed by the plaintiff in civil court, thus commencing the lawsuit.
Damages: Monetary compensation awarded by the court to the plaintiff in a successful lawsuit. Depending on the type of case, damages may be awarded for such things as breach of contract, undue financial hardship, emotional or physical pain and suffering, unpaid wages, attorney's fees and more.
De facto contract: Latin term used to describe an implied contract when no written contract exists.
Default judgment: Instance in which the court rules in favor of the plaintiff due to the defendant's failure to either file a written answer in a civil matter or appear in court within the required timeframe.
Defendant: The party being sued in a civil lawsuit.
Deposition: Oral testimony in which the attorney questions a witness or party to the suit, after the person is placed under oath. A court reporter records and transcribes the event and later forwards copies of the final approved transcript to all involved parties.
Discovery: Pre-trial process by which parties involved in a lawsuit exchange pertinent documents and other physical evidence in order to build their respective cases. Evidence may also be requested from third parties (such as expert witnesses) who, although not directly involved in the lawsuit, may possess valuable information beneficial to both the plaintiff and defendant.
Due process: The right of every United States -
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Employment-at-will: Also known as "at-will employment," this term describes the mutual, voluntary entry into the working relationship by both employer and employee, with the understanding that either party may terminate the arrangement at any time and for any reason (or no reason at all) without legal ramifications, as long as there is no written contract. In this case, a contract is implied due to the nature of the employer-employee relationship.
Employment contract: Also known as a "contract of service," this is an agreement between employer and employee, which states each party's rights and responsibilities. Contains important information related, but not limited to, length of employment, salary, retirement and health insurance, vacation/holiday pay, performance expectations and much more.
Interrogatories: Process of discovery in which written questions are typed and sent to the opposing party for response. The party must sign a sworn statement attesting to the truthfulness of their responses.
Involuntary dismissal: Punishment in which a lawsuit is thrown out of court whether the plaintiff agrees or not. Entered on behalf of the defendant if the plaintiff is found to be in violation of court or federal rules or is not properly stating his case. May also be entered if either plaintiff or defendant engages in misconduct.
Judgment: The decision rendered by the court in a lawsuit, either in favor of the plaintiff or defendant.
Judgment on the pleadings: Court's decision in a lawsuit, based solely on facts contained in the pleadings, ruled in favor of either plaintiff or defendant. Either party may file a motion to the court requesting this type of judgment.
Jurisdiction: Authority of a particular court to hear and rule in a lawsuit. Judicial jurisdiction is established based upon several strict conditions, including the court's personal authority over the involved parties, its territorial authority to hear cases that fall within the confines of its geographical area and lastly, its authority to decide on the various legal issues raised in the suit (this is called subject matter jurisdiction).
Lawsuit: An action initiated in civil court when the plaintiff files a complaint against one or more defendants. It alleges specific injustices/violations and requests relief, monetary compensation and/or restoration of a legal right, among other things.
Litigation: The practice of carrying out a lawsuit. Civil litigation involves non-criminal matters -
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Responsive pleadings: Following the complaint, these are subsequent documents prepared and submitted to the court for filing by the plaintiff and defendant(s). Examples include: answer, motions to dismiss, motions to compel and more.
Rules of Civil Procedure (RCP): Set of rules each court must follow in a civil lawsuit. There are Federal and State RCPs.
Service of process: Method by which a defendant is provided (or "served") a copy of the plaintiff's complaint. Once a complaint is filed at the courthouse with the Clerk of Court, a date and time-stamped copy is forwarded, along with the civil summons, to the county sheriff, constable, bailiff, marshal or private process server for hand-delivery to the defenant at the physical address shown on the complaint and summons. Another method of service is to have the complaint sent by certified mail, return receipt requested.
Settlement: An agreement that is reached by all parties involved in a legal dispute or lawsuit.
Statute of Limitations: Strict time limit in which to file a lawsuit. Depends on the type of case and in which court the lawsuit will be filed (state or federal).
Subpoena: Written order given by the presiding judge in a civil matter, demanding that a witness testify and/or submit documents and physical evidence held in their possession with regard to a pending case.
Summary judgment: Court's decision in a civil suit that is rendered without going to trial. May be rendered based on findings in an entire case or certain issues or facts pertaining to the case. Plaintiff or defendant may request this judgment.
United States Constitution: The principles upon which our governmental and judicial systems are based. The original hand-written document is located at the National Archives and Records Administration in Washington, D.C.
Venue: The physical location of the court presiding over a case (county court for a state case and district court for a federal case).
Voire dire: The process of selecting a jury.
Voluntary dismissal: End of a lawsuit, at the request of the plaintiff. May only be requested before the defendant files any formal action, such as an answer, motion or so on.
Whistleblower: A current or former employee of an organization (particularly one that is governmental, political or judicial in nature), who reports abuses of power, misconduct and other violations to the public and entities assigned to expose, investigate and punish such offenses. Whistleblowers a
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Tips & Warnings
Keep all original documents and use copies as exhibits for the lawsuit, unless your attorney advises you to provide the originals.
Use the following organizations to search for an attorney: American Bar Association, your state bar association, National Employment Lawyer's Association and the American Association for Justice, to name a few. Refer to the lawyers.com website for more tips on finding a good lawyer. You are not limited to these organizations -- there are a multitude of other resources you can use to find a good lawyer, even word-of-mouth.
Do not take too long trying to figure out what to do about your wrongful termination. Keep in mind that there may be a statute of limitations, which imposes strict time limits within which a lawsuit may be filed. If you do not file your lawsuit within the allotted time, you may be prohibited from ever doing so.
Disclaimer: I am not an attorney, therefore, I am not authorized to practice law or give legal advice. However, I am a legal assistant with sixteen years of experience. Please do not rely solely on what is stated here. If you suspect you've been wrongfully terminated, seek the services of a qualified attorney who specializes in employment law for guidance.
