How to Write a Wrongful Termination Affidavit
Wrongful termination occurs when an employer dismisses an employee from his position illegally. An employees who is terminated unlawfully can pursue remediation under his state's employment laws. Part of the process involves writing a wrongful termination affidavit, which sets forth the facts of the firing and why the employee believes it was unlawful.
- Difficulty:
- Easy
Instructions
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1
Start the affidavit by stating your full name, and swear to the accuracy of the affidavit's contents. The opening language of your wrongful termination affidavit should resemble the following:
I, (full legal name), being first duly sworn, depose and state as follows:
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2
State your personal information in the first few paragraphs. Each paragraph should be numbered, starting with "1," unless your jurisdiction's rules have differing requirements. Start by stating your competence to testify to the veracity of the facts in your affidavit. An example follows:
1. I am of legal age and competent to testify to the matters set forth below based upon my personal experience and knowledge.
2. I currently reside at (street address), located in (town), in the county of (county), state of (state).
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3
State in the next paragraph the name of the company that previously employed you, the full name and formal title of the individual who terminated you, and the date that you were fired.
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4
State the reason(s) you were given for your termination in the next paragraph. If you have a copy of your termination records, refer to the document within your affidavit and attach a copy to the back of the affidavit when finished.
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5
State the reason(s) why your termination was unlawful in the next paragraph. Include specific examples of any previous incidents that are relevant to your termination.
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6
Begin listing the facts of the termination in sequential order, continuing to number them as you go. Each separate fact should be written as its own paragraph, and should only include the objective truth. Do not speculate, assume, lie or embellish in your affidavit. Remember, you are swearing that your affidavit is truthful under penalty of perjury.
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7
Write a statement of truth when you have completed listing the facts. This paragraph should state that everything contained in the affidavit is true, under "the penalty of perjury, fine, or imprisonment."
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8
Include your full name at the bottom of the affidavit, along with a spot for your signature and the date. Do not type the date in; this will be filled in at the time you sign the document.
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9
Bring your completed affidavit, still unsigned, to a notary public to be notarized. You will need to bring photo identification with you to prove who you are. Sign the affidavit in the presence of the notary, then have her stamp it. When finished, make a copy of the signed, notarized affidavit to retain for your records.
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Tips & Warnings
If you have already filed a complaint for wrongful termination, you will need to include the case caption from the complaint at the top of your affidavit before the clerk will accept it for filing.
