How to Prove Wrongful Termination
- 1). When you are fired, ask the reason for the termination and find out who made the firing decision. Get this information in writing if you can.
- 2). Write detailed notes that include dates, locations and the names of people involved in events related to the firing. These might include supervisor actions and comments, commendations, reprimands, salary increases, salary decreases, promotions and demotions. Add the names of people who witnessed the events. Date and sign your notes.
- 3). Determine whether the firing violated a legal right. Employees have the right to be protected from discrimination, retaliation and violation of an employment contract. Federal laws protect against discrimination based on age, race, sex, disability, national origin and religion. Some state laws include additional categories. State and federal laws protect against retaliation for complaints about harassment or complaints about the employer's illegal practices. State law protects against violations of contract rights.
- 4). If you are trying to prove wrongful termination because of employment discrimination, file a claim with the local office of the U.S. Equal Employment Opportunity Commission (EEOC). This complaint must be filed before you may file a lawsuit. An EEOC ruling in your favor may act as evidence in your case. In some states you must also file a claim with the state agency.
- 5). Look for another job, even if you think you should be given your old job back. If you don't look for a job, it looks like you are not interested in working, which may weaken your claim.
- 6). Gather any formal employment documents that are available. Get a copy of the company's employee handbook and any other written policies. If you had a contract or worked as a member of a union, get a written copy of the contract. Ask to review your personnel file. Some states' laws require an employer to make the personnel file available; in other states you may need a court order. Make a list of everything in the personnel file and request copies of performance reviews and reports about you.
- 7). Consider whether your employer has used a "double standard." If you have been treated differently from another employee in the same situation, make notes that include all the relevant information.