How to Deal With a Wrongful Termination

Wrongful termination, also called wrongful dismissal or wrongful discharge, is a legal phrase used to describe the illegal termination of an employee. Most states follow the rules of at-will employment, meaning that an employer can terminate an employee with or without cause, as long as it is not for an improper reason.

1. Remain calm. If you believe your dismissal is unjust, do not get angry, vent with co-workers or send angry emails. Find a way to vent your frustrations by talking to family members or a friend.


2. Research state and federal laws dealing with workplace issues and unemployment.


3. Determine if your termination was wrongful. There are a number of exceptions to the at-will employment rules. It is illegal to terminate an employee due to discrimination based on race, national origin, sex, age, religion, disability, pregnancy and sexual orientation. Other exceptions include the following: termination before the expiration of an employment contract, retaliation due to the employee reporting unsafe working conditions, employee’s refusal to perform illegal acts, taking time off for family or military leave, or the employer not following appropriate termination procedures.


4. Gather documents to help you build a case. Write down the events leading to your termination with complete details. If necessary, gather computer files, memos and any other relevant documents.


5. Contact your state unemployment office, who can provide some guidance and determine eligibility for unemployment benefits.


6. File a claim with the Equal Employment Opportunity Commission, either by mail or in person, within 180 days of the termination. Your complaint must be filed before filing a lawsuit. The complaint must include your name, address and phone number, the name, address and phone number of your alleged discriminatory employer and the number of employees, and a short description of the events regarding your termination.


7. Contact your local bar association to find an attorney that specializes in wrongful terminations. The attorney can help you sort out the issues regarding your termination and protect your rights and reputation.