Getting fired is never fun.
But being wrongfully terminated is just plain rotten.
Luckily there are specific legal steps you can take to fight back and protect your rights.
If you move fast you might even be able to turn your situation around.
Here’s the exact playbook you need to follow after a wrongful termination…
Contents
What you’ll discover:
- How to Recognize Wrongful Termination
- Immediate Steps to Take After Termination
- Building Your Legal Case
- Filing Your Claim
What Is Wrongful Termination?
Wrongful termination occurs when an employer fires you for illegal reasons.
This is different from simply feeling like your termination was unfair. It means your employer violated specific employment laws that protect employees. And here’s the thing… Most employment in the United States is “at-will”. This means employers can fire you for almost any reason they want.
But there are some big exceptions.
Employers can’t fire you because of discrimination, retaliation, or because you refused to do something illegal. They also can’t fire you in violation of your employment contract or company policy. If they do any of these things, you could have a Michigan Wrongful Termination case on your hands.
Recent statistics show that 43% of wrongful termination plaintiffs received compensation as a result of settlements or court awards. That’s almost half of all cases where employees see some form of justice.
Document Everything Immediately
The second you suspect wrongful termination, you start documenting everything.
This is the most important step in the process. Why? Because without proper documentation your wrongful termination case is toast. You need strong evidence to back up your claim, otherwise it’s just a “he said, she said” argument that you’ll likely lose.
You’ll want to collect:
- Your termination letter or any written notice
- Performance reviews from your time with the company
- Emails, texts, or other messages related to your termination
- Company policies or employee handbook
- Contact information for potential witnesses
Statistics show that claims with both witness testimony and written documentation had a success rate of 63%, compared to just 28% for claims with only witness testimony. Huge difference!
Write down everything you remember about your termination meeting. Include date, time, location, who was present, and what was said. Do this right away before the details fade.
Keep copies of everything in a safe place outside of work. Don’t keep important documents in your work email or on your work computer.
Understand Your Rights Under Federal Law
Federal law prohibits employment discrimination based on specific categories.
The Equal Employment Opportunity Commission (EEOC) enforces these laws and in FY 2024 they received 88,531 new discrimination charges, a 9.2% increase over last year.
Federal law prohibits termination based on:
- Race, colour, or national origin
- Sex, pregnancy or gender identity
- Religion or religious beliefs
- Age (over 40 years old)
- Disability or genetic information
You’re also protected from retaliation if you report discrimination, file a workplace safety complaint, or refuse to engage in illegal activities. Retaliation is the most common form of discrimination claim.
In addition to federal law, your state may have laws that offer additional protections.
Act Fast With Filing Deadlines
You only have a limited amount of time to file a wrongful termination claim.
Every type of discrimination has strict deadlines for filing a claim. If you miss them, you lose your chance to pursue the case.
Typically you have 180 days from the date of termination to file a charge with the EEOC. In states with their own anti-discrimination agency this can be extended to 300 days. But don’t count on the longer deadline.
For breach of contract claims the deadline depends on the state. Some states give you several years while others only months.
Missing filing deadlines is one of the top reasons wrongful termination claims fail. Don’t let that be you!
Gather Strong Evidence
Strong evidence is the key to winning your case.
You already started documenting, but now is the time to dig deeper. The strongest wrongful termination cases have multiple types of evidence that all point to the same conclusion: your firing was illegal.
Look for:
- Written communications showing discriminatory intent
- Performance records showing you were meeting expectations
- Witness statements from coworkers who witnessed events
- Company policies or employee handbook that were violated
Remember cases with both witness testimony and written documentation have much higher success rates. Don’t rely on a single type of evidence if you can build a more comprehensive case.
Talk to former coworkers who may have witnessed relevant events. Get their contact info while you still have it because people move on.
File An EEOC Charge
Before you can sue for discrimination in federal court, you must file a charge with the EEOC.
This isn’t optional. It’s a required step that many people aren’t aware of. The EEOC will investigate your claim and try to resolve it before it goes to court.
You can file a charge of discrimination online through their portal or in person at a local EEOC office. The EEOC notifies the employer within 10 days. They then investigate by reviewing documents and interviewing witnesses.
In FY 2024, the EEOC won 97% of the lawsuits that it chose to litigate after initial investigations. This should tell you just how effective the EEOC can be.
Even if the EEOC doesn’t want to pursue your case, they will issue a “right to sue” letter. This letter gives you permission to file a lawsuit in federal court on your own. You have 90 days from the date of the letter to file.
Explore Your Legal Options
Once you have your documentation and EEOC charge filed, it’s time to consider your next steps.
There are several options available to you depending on your specific situation. Most wrongful termination cases are settled out of court, which is good news if you just want to resolve things quickly.
Your main options are:
- Negotiating a settlement directly with your employer
- Participating in EEOC mediation
- Filing a lawsuit in state or federal court
Settlement negotiations can occur at any point in the process. About 90% of successful wrongful termination cases are resolved through settlements rather than trial.
Mediation through the EEOC can be highly effective. The success rate for private sector mediations in 2024 was over 71%.
If settlement and mediation are not successful, you can file a lawsuit. This is where strong evidence and legal representation become critical.
Get Professional Legal Help
Trying to fight a wrongful termination case on your own is really tough.
Employment law is complex, and employers will typically have experienced attorneys on their side. You need someone in your corner who really knows the law.
A good employment attorney will:
- Help you evaluate the strength of your case
- Handle all paperwork and filing deadlines
- Negotiate with your employer on your behalf
- Represent you in mediation or court
Look for an attorney who specializes in employment law and has experience with wrongful termination cases. Many employment lawyers offer free consultations so you can talk to someone about your case with no upfront cost.
Don’t wait too long to get legal help. The sooner you have an attorney on your side, the better.
Final Thoughts
Being wrongfully terminated is super stressful and nobody should have to deal with it.
But you have options. By following these legal steps, documenting everything, and getting the right help you can fight back. You can even potentially recover some of the compensation you lost.
The key is to act quickly. Statute of limitations time limits can ruin even the strongest case if you let them.
Start documenting now, learn your rights, and don’t be afraid to stand up for yourself.
