How To File A Complaint Against An Employer For Wrongful Termination

Wrongful termination is a scenario where an employee has been fired unjustly. While most terminations are just and employers in most states have the right to let their workers go at any time, there are certain circumstances that warrant legal action, and below are some tips for how to file a complaint against an employer for wrongful termination.

Examples of When a Termination Is Unlawful

Common examples of termination which is unlawful and subject to possible litigation include:

• ●        Firing someone for reasons which are a violation of state or federal law, such as retaliation for the employee filing worker’s compensation
• Firing someone because they refused to follow instructions that were illegal
• Firing an employee for reasons which violate company policy
• Terminating an employee due to discrimination involving their race, sexual orientation, gender, age or religion

While all the above are legitimate reasons for wanting to pursue legal action, the biggest challenge in a court of law is proving that your termination was unlawful. Without adequate proof, your employer will most likely win the case, especially if they have a good legal team, which most corporations do.

How Can You Prove the Unlawful Termination?

The evidence required to prove unlawful termination will be determined by the facts inherent to a specific case. Generally speaking, the following types of evidence will be essential in demonstrating that your firing was done for an illegal reason:

• Evidence that demonstrates you worked for said employer
• Evidence that demonstrates the conditions and terms for employment, such as a written contract or policy manual
• Copies of personnel files or performance reviews for the fired employee, which show their job performance
• Documentation that demonstrates the salary or wages lost because of the termination
• Evidence or documentation which shows why the firing occurred

Even if you are in possession of the above documents or evidence, proving your case in a court of law can still be very challenging. The reason is that most employers are aware of the law and will not directly fire you because of race, gender, sexual orientation, or your refusal to engage in unlawful acts. Rather, they will look for another reason to fire you which masks their true reason. In other words, unless you have a spotless employment record, the employer can let you go for any reason, including one which conceals their true intention. When you combine this with the fact that most states are right to work this means most employers can fire you whenever they choose.

What Steps are Needed to File the Complaint?

To proceed with the complaint, you’ll need to first file the claim with the EEOC, or Equal Employment Opportunity Commission. The claim can be submitted via the official EEOC website, or you can contact them by phone. There might also be an office in the area that you can visit. When pursuing this form of legal action it is essential to act quickly as your rights will become void if enough time passes. The EEOC will then perform an investigation of your former employer, and will then notify you of the results.