Losing your job can be devastating, but discovering that your termination was unlawful adds insult to injury. Wrongful termination occurs when an employer fires an employee in violation of federal or state laws or employment contracts. If you believe you are the victim of wrongful termination, it is helpful to have a basic understanding of how to build a case so you can protect your rights and seek appropriate remedies.
What is wrongful termination?
Not every unfair firing constitutes wrongful termination in the legal sense. Employment in most states is “at-will,” meaning employers can fire workers for almost any reason but there are important exceptions. Your termination may be wrongful if it violated anti-discrimination laws, breached an employment contract, occurred in retaliation for whistleblowing or exercising legal rights, or violated public policy.
What type of evidence do I need to build my case?
The foundation of any wrongful termination claim rests on solid evidence. Documentation is your most powerful tool when challenging an unlawful firing. Examples of helpful evidence can include:
- Copies of employment contracts, employee handbooks and company policies
- Performance reviews, awards and commendations demonstrating your work quality
- Emails, text messages and other communications related to your termination
- Witness statements from colleagues who observed discriminatory behavior or policy violations
- Documentation of complaints you filed about harassment, discrimination or illegal activities
This documentation can help you to build your claim.
What type of legal basis is needed for my claim?
After gathering evidence, you must identify the legal basis for the claim, or which law or contractual provision your employer violated. Different types of wrongful termination require different proof standards and have varying filing deadlines.
Common legal grounds include:
- Discrimination based on protected characteristics such as race, gender, age, religion or disability
- Retaliation for reporting illegal activities, filing workers’ compensation claims or requesting reasonable accommodations
- Breach of an implied or express employment contract
Understanding the specific legal theory that applies to your situation will determine where you file your claim and what remedies you can seek.
Legal remedies are available
Proving wrongful termination requires careful preparation, thorough documentation and knowledge of employment law. While the process can be complex, legal remedies are available to employees who are victims of wrongful termination.