Your boss just called you into their office and told you to pack your things. Maybe they gave you some vague excuse about “budget cuts” or said you weren’t a “good fit.” But you suspect the real reason has nothing to do with your performance.
Maybe you complained about sexual harassment last month. Maybe you took medical leave for surgery. Maybe you refused to do something illegal, or you’re the only person over 50 who got fired while younger employees kept their jobs.
Wrongful termination happens more often than people realize. Companies can’t just fire you for any reason, but proving it? That’s complicated.
Find Out What Really Happened
Not every unfair firing is illegal. Your boss can fire you for being late, poor performance, or personality conflicts. Frustrating, but not necessarily against the law.
Wrongful termination usually involves discrimination based on race, gender, age, disability, or religion. Retaliation for reporting harassment, filing complaints, or refusing illegal activities. Contract violations if you had employment agreements.
Think back over recent months. Did you file HR complaints? Take medical leave? Report safety violations? Ask for disability accommodations? Refuse participation in questionable activities?
Timing matters. Companies wanting to fire someone illegally often wait for any excuse. Did termination happen shortly after you exercised legal rights or reported problems?
Consider who else got fired. If layoffs mostly affected older workers, women, or minorities while younger employees stayed, that pattern suggests discrimination.
Collect Every Document You Can Get
Paper trails win these cases. Your word against theirs rarely works in court.
Request your personnel file – you have rights to see it in most states. Review everything: performance reviews, disciplinary actions, emails, memos. Look for inconsistencies between current claims and documented history.
Email records are crucial. Print or save important messages if you still have access. No access? Write down key conversations while memory’s fresh.
Essential documents:
- Employment contracts or offer letters
- Employee handbooks and policies
- Performance reviews and evaluations
- Disciplinary notices or warnings
- Email communications with supervisors
- Time-off or accommodation requests
- HR complaints filed
- Termination letters
Don’t forget personal records. Text messages with coworkers, calendar entries, receipts proving work attendance – all support your case.
Save unemployment records too. Sometimes employer reasons given to unemployment offices differ from what they told you.
Build Your Timeline of Events
Memories fade fast, especially under job-loss stress. Detailed timelines help spot patterns and give legal teams clear pictures.
Start from hire date, work forward. Note promotions, raises, reviews, complaints made, medical leave taken, incidents with supervisors or coworkers.
Pay attention to treatment changes after certain events. Did criticism start after harassment reports? Poor reviews after maternity leave? Unreasonable workload after discrimination complaints?
Many people find success working with experienced Wrongful termination lawyers who can help organize evidence and identify the strongest legal strategies for their specific situations.
Create simple charts:
| Date | Event | Witnesses | Documentation |
| Jan 2023 | Started position | HR rep | Offer letter |
| Mar 2023 | Excellent review | Supervisor | Review docs |
| Jun 2023 | Reported harassment | HR manager | Email complaint |
| Jul 2023 | First negative feedback | Same supervisor | Critical email |
| Sep 2023 | Terminated | HR, supervisor | Termination letter |
Timelines should show clear connections between protected activities and negative consequences.
Get People to Back Up Your Story
Witness testimony makes or breaks cases. Other employees who saw discrimination, harassment, or retaliation provide crucial support.
Current employees might hesitate getting involved – they’re worried about jobs. Understandable, but some speak up after witnessing serious misconduct.
Former employees make better witnesses since they don’t fear retaliation. Contact ex-coworkers, especially those who left under similar circumstances.
Customers, vendors, contractors who witnessed problems can testify. They lack employee conflict-of-interest issues.
Potential witnesses:
- Coworkers who saw discriminatory treatment
- Former employees with similar experiences
- People who heard discriminatory comments
- HR staff who handled complaints
- Supervisors who disagreed with termination
Document witness conversations. Write down what they said, when you spoke, get contact information. Some prefer informal talks over official statements, but even informal support helps attorneys understand situations.
Contact witnesses quickly – memories fade over time.
Building strong cases requires several key elements:
Evidence must clearly connect your termination to illegal reasons rather than legitimate business decisions. Patterns of discriminatory treatment carry more weight than isolated incidents.
Documentation trumps testimony in most cases. Written records, emails, and official company documents provide strongest foundation for claims.
Timing creates compelling narratives. Terminations happening shortly after protected activities suggest retaliation rather than coincidence.
Multiple witnesses strengthen credibility. Single-person accounts face more skepticism than stories corroborated by several sources.
Don’t expect quick resolutions. These cases often take months or years to resolve through negotiation, mediation, or trial.
Stay organized throughout the process. Create filing systems for documents, maintain contact lists for witnesses, keep detailed records of all case-related activities.
Consider your goals realistically. Some cases result in reinstatement, others in financial settlements, some in policy changes preventing future problems.
Wrongful termination cases aren’t easy, but employees do win when they have solid evidence and proper legal support. Your job might be gone, but your rights remain protected by law.