What to Do If You’re Wrongfully Terminated: Steps to Take

Wrongful termination happens when an employer fires an employee for illegal reasons. Federal and state laws protect workers from being fired based on discrimination, retaliation, or violations of employment contracts. Discrimination includes firing someone because of race, gender, religion, disability, or other protected traits. Retaliation happens when an employer fires an employee for reporting illegal activity, workplace safety violations, or harassment. 

At-will employment allows employers to fire workers for any legal reason, but they cannot fire employees for illegal reasons, such as discrimination or retaliation. Some employees have contracts that outline job security, and firing them without cause could break those agreements. 

Determine Whether Your Termination Was Illegal

Not all firings are illegal, but some violate federal or state laws. If you believe discrimination, retaliation, or a breach of contract played a role in your termination, you should review the matter carefully. Ask your employer for a written explanation of your termination to clarify their reasoning and identify possible inconsistencies. Compare their explanation to company policies and your work history. If your employer refuses to provide a reason for the termination, it could indicate wrongdoing.

Document Your Termination in Detail

Gather all documents that relate to your job and termination. Keep copies of your employment contract, employee handbook, termination letter, and any emails or messages about your performance or firing. Write down details about conversations with your employer, including dates, times, and what was said. If your coworkers witnessed anything related to your termination, ask them if they are willing to provide statements. Strong documentation can support your claim if you decide to take legal action.

Consult a Lawyer to Evaluate Your Legal Options

A lawyer can help you understand whether your termination violated the law. They can review your employment documents, termination details, and any evidence you collected. If you have a strong case, they might suggest filing a claim with a government agency or taking legal action. Some lawyers offer free consultations so you can get an initial evaluation of your case without any cost or commitment.

File a Complaint with the Appropriate Agency

If your employer broke the law, you can file a complaint with the appropriate agency. In Georgia, the Equal Employment Opportunity Commission (EEOC) handles discrimination and retaliation claims. You can file a charge online or at the EEOC’s Atlanta office, which investigates violations of federal laws like the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA). If your termination involved unpaid wages or overtime violations, you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division.

Consider Filing a Wrongful Termination Lawsuit

If your complaint does not lead to a resolution, you might need to sue your employer. A lawsuit could help you recover compensation for lost wages, benefits, and more. Your lawyer can guide you through the filing process and gather useful evidence. Many cases settle before trial, but if necessary, a judge or jury will decide the outcome in court. 

Avoid Actions That Could Harm Your Case

Taking the right steps can make a difference in your case, as can avoiding certain actions. Do not post about your termination case on social media. Anything you say publicly could be used against you. Avoid making inconsistent statements about why you were fired. Keep detailed records, and do not exaggerate any claims. Meet all relevant deadlines for claims and lawsuits, or you might lose your right to take action. If a lawyer represents you, follow their advice. 

Contact an Employment Law Attorney in Atlanta