If you believe that you have been wrongfully terminated, you will want to file a complaint against your employer.
You will get your claim underway by sending a letter of your intent. There are some pertinent details that you should include in your letter. You should review the state and federal laws that pertain to your situation before sending your letter.
You must report wrongful termination in a timely manner. If you wait too long, you cannot pursue a claim against your employer.
So, you need to make sure you file your claim in a timely manner. You should provide all the details regarding your termination and why you believe you that your termination was wrongful.
As an example, if you had positive employment reviews but you were terminated after declining a date with a manager, or you were terminated after reporting wage theft.
What Do I Need To Include In My Wrongful Termination Letter Or Email?
When you are writing a wrongful termination letter or email, there are four things in that letter or email that you must have. To break it down, here is what you must include:
- The subject line
- The address
- The body of email – make sure everything is clear, do not sugarcoat what happened include the date, time, and location of the incident, and be sure to mention any witnesses
- The conclusion – keep your final words professional, thank them for looking into the matter and addressing the situation for you
The Subject Line
When you send a wrongful termination letter, you will want to make sure you have a clear subject line that explains why you are writing this letter.
This statement should be factual and to the point while also explaining what this letter is about. As an example, the subject line may say “Official Complaint of Wrongful Termination” or “Wrongful Termination as an Act of Retaliation.”
The Addressees
You will want to send the letter to multiple recipients. These are the pertinent parties that will play a role in resolving this claim.
You should make sure you prepare a list of people who should be included as an addressee. This may include your supervisor, higher ranking executives in the company, and the human resources department.
The Actual Body of the Email
When you write your letter – or email – you want to make sure that body is detailed and get to the point.
You should not sugarcoat the details, but instead, be frank and straightforward. Detail what happened and what was said.
You should include the date, time, and location of the incident as well as who was involved and what was said.
You should include copies of any evidence, such as copies of emails or memos that pertain to the situation.
If there were witnesses to the incidents that are involved, be sure to note that and include copies of statements from those witnesses. You want to make sure that the body of the letter is grammatically correct, factual, clearly written, and to the point.
This is the section of the letter that gets the message across and that argues your point. This part of the letter will be what is most closely reviewed and considered.
You will want to make sure you clearly state your case so your employer will work with you to resolve the matter. If the issue isn’t resolved, you can then file a claim with an outside agency, such as the Equal Employment Opportunity Commission (EEOC) or a state labor commission.
If the matter goes on without resolution, and if an employment law attorney believes that you have grounds to do so, you may proceed with a lawsuit against your employer for wrongful termination.
You can ask to be compensated for your damages, including any lost wages and benefits as well as mental anguish you suffered because of the wrongful termination.
Final Words
Don’t let your emotions get the best of you. When you send a letter regarding wrongful termination, you should stay calm, professional, and be factual. Don’t give opinions or assumptions.
Instead, only state what you can prove and what you have supporting evidence for regarding your specific situation. Also, be polite and thank them for looking into the situation and let them know that you will appreciate their response.
You should maintain a copy of the letter and proof of delivery – either by email or by postal mail – for your own records.
Pursuing a wrongful termination claim can be challenging, so you should consult with an employment law attorney who handles wage termination cases in your area.
With the help of an attorney, you can ensure your claim is handled in a timely manner and that all the needed supporting evidence and documentation is provided.
To get your claim on the right track, complete the Free Case Evaluation Form on this page today.
Your claim details will be shared with an attorney who handles such claims in your state. Remember, time is of the essence so don’t wait until it is too late to get your claim underway.
What Is an Example of Wrongful Termination Sample Letter?
Here is a wrongful termination demand letter sample. Use this sample wrongful termination letter to your employer to help understand what your wrongful termination demand letter should include.
Subject Line: Official Complaint of Wrongful Termination
Dear Mr. Jones,
I am writing to inform you that I am raising a formal grievance regarding my dismissal on August 31, 2020. According to the terms outlined in the employee handbook, an employee must be given three warnings before they can be dismissed. With that being said, I was not given any prior warnings and was promptly fired on the above date.
I have worked for Web Systems Software Inc. for the past five years and have always received positive evaluations and feedback from my project managers and supervisors. Attached below in the email are 2 positive evaluations that I have received from my managers in the past two years.
The reason for my dismissal is not clear. This seems to have been connected to an incident that happened a month prior on July 31, 2020, where I raised concerns to my supervisor Bob Johnson about unpaid overtime work that several coworkers, including myself were facing.
According to the rules outlined in our employee handbook, I am entitled to a hearing to discuss the matter. Therefore, I request that we meet as soon as possible. I hope to hear back from you within 30 days of the date on this letter. I can be reached on my cell phone at 555-555-1234 or at janesmith@email.com.
Sincerely,
Jane Smith
What Is An Example of a Wrongful Termination Case?
Unfortunately, in every state apart from Montana, your employer can fire you without giving you a reason. This is because employment is “at will.”
This means your boss can fire you at any time. A reason or even giving two weeks’ notice is not required. But you can’t be fire for discrimination, retaliation, or a breach of contract. Wrongful termination takes place often in the workplace and in many cases it is illegal.
You cannot be fired due to certain characteristics you may possess which include the following:
- race;
- gender;
- disability;
- age;
- religion;
- sexual preference
Here are some examples of wrongful termination.
- Your boss sends you an email which states, “You are not getting any younger and it’s now far too hard for you to work in a competitive environment.”
- Your employer fires 3 women and but no men and you are one of the women.
- Your boss suddenly fires you after learning you are Jewish.
- The manager fails to reprimand a white employee for arriving late, but fires you as a black employee for it.
If you have been terminated for any of the above reasons the first step to take is complain to your employer saying you have been wrongfully terminated. Make sure you provide the evidence to prove it.
If the employer does nothing about it you should compile a letter to send to the Equal Employment Opportunities Commission (EEOC). In this letter you should provide all the evidence to prove you have been wrongfully terminated.
The EEOC will investigate the matter and if it finds you have been wrongfully terminated and the employer will not reinstate you then you will be given the right by the EEOC to file a lawsuit against your employer.
What Are the Next Steps To Take After a Wrongful Termination?
If you have been wrongfully terminated at work, you may want to seek the help from an employment law attorney. Having an attorney help you with your wrongful termination can be helpful when you have raised a formal grievance against your former employer.
An attorney can help gather evidence, prepare your claim and make sure that everything is organized when you file an employment law claim against your employer.
Some employment law attorneys charge an hourly rate, some charge a retainer fee, meaning they are paid before they begin representing you and some work on a contingency fee basis, meaning they only get paid if you win your claim. You should consult with your attorney to see what the payment structures are.
Don’t wait before getting help. Fill out the free evaluation today to speak with an employment law attorney who can take a case in your state and get the help that you truly deserve.
An attorney will review the details of your case and can counsel you on the best steps moving forward with your claim.
