How to Win a Wrongful Termination Lawsuit
There are several causes for a wrongful termination lawsuit, including discrimination on the basis of age, gender, race, disability, national origin, or religion; retaliation for whistleblowing or filing a workers' compensation claim; for organizing a union; and/or the violation of a contract. There are several important steps to take when preparing a lawsuit.
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Things You'll Need
- Documentation of circumstances surrounding your termination
- Witness information and statements
- Employee handbook
Instructions
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Preparing a Wrongful Termination Lawsuit
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1
If you are still employed but under threat of firing for what you believe to be illegal grounds, take notes and keep a diary of events, which gives full details of the circumstances and actions of the people involved, including your supervisor. Collect, if possible, all of your employee reviews, recommendations, warnings, salary and bonus records, and memoranda regarding your job performance.
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2
Contact a reputable employment attorney, who will offer a free consultation on your case. Plaintiff's attorneys usually work on a contingency-fee basis, meaning they only collect a fee when and if your case is successful. The attorney will guide you in the laws of your state regarding wrongful termination, as well as the statute of limitations governing wrongful termination lawsuits.
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3
Ask for a copy of your personnel file, and make sure you have a copy of your company's employee handbook, which should include termination policies.
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4
If you are fired from your job, cooperate with the wishes of your supervisor and do not take any retaliatory action against management, co-workers, or company property. Make sure the materials you collected are either in your possession or in a safe place before you leave the premises.
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Collect names, addresses, phone numbers, and statements from anyone who knows the details of your case and your termination.
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6
File a charge of wrongful termination with the Equal Employment Opportunity Commission (EEOC) in your area. By EEOC guidelines, this charge must be filed within 90 days of your termination. There is also a statute of limitations in your state that bars lawsuits for wrongful discrimination after a given period of time, in some cases a year.
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Tips & Warnings
While collecting information on the circumstances of your termination, do not discuss your case with management representatives or the media.
Remember that many employees are hired on an "at-will" basis, and can be fired for just about any reason without redress. Do not threaten a lawsuit if you believe your employer is preparing to terminate you.
