Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.
Wrongful termination is a serious matter that can have profound effects on both employers and employees alike. From emotional distress to financial hardship, the repercussions of a wrongful dismissal can be far-reaching and costly. It is therefore essential that employers understand why wrongful termination matters and take steps to prevent it from happening in their workplace.
At Genie AI, our experienced team has witnessed the devastating consequences of wrongful termination first-hand. As well as losing out on their job, individuals are often left without an income or future job prospects - leaving them vulnerable to long-term financial insecurity. Beyond this, wrongful termination creates an atmosphere of distrust and fear in workplaces, as employees become wary of their employers’ actions; resulting in decreasing morale and productivity levels.
For businesses too, there is much at stake when it comes to wrongful termination. Not only will companies face hefty legal fees from defending themselves against any court action taken against them by wrongfully dismissed employees, but they may also suffer damage to their reputation - leading to a loss of customers and potential hires.
It is therefore essential that employers abide by all applicable laws when terminating an employee; understanding their legal responsibilities as well as servicing employee’s rights with respect. With the help of Genie AI’s community template library – millions of data points ensuring market standard documents – anyone can draft high quality legal documents without paying for a lawyer’s fees (all while not requiring you to hold Genie AI account). By taking account these considerations into consideration employers can ensure they are protecting both themselves and those who work for them from any potential repercussions caused by wrongful termination.
At Genie AI we understand why wrongful termination matters – which is why we provide free access to our template library so everyone can access fair treatment in the workplace today! Read on below for step-by-step guidance on how you or your business can do just that!
Definitions (feel free to skip)
Wrongful Termination: Termination of employment by an employer that violates the rights and duties of the employee.
Administrative Claim: A complaint filed with the Equal Employment Opportunity Commission (EEOC), the Department of Labor, or a state agency to resolve a dispute.
Evidence: Information that can be used to support a claim.
Discrimination: Unfair or unequal treatment of a person or group of people based on their race, age, gender, disability, or other protected characteristics.
Remedies: Legal means of obtaining compensation or justice for a wrong.
Filing Deadline: The date by which a legal document must be filed in order to be considered valid.
Lawsuit: A legal action taken by one party against another.
Damages: Monetary compensation for injury, loss, or suffering.
Settlements: An agreement between two or more parties that resolves a dispute.
- Understand your rights as an employee and what qualifies as wrongful termination
- Gather evidence to support your claim of wrongful termination
- Copies of any relevant emails or documents
- Witness statements
- Documentation of any discrimination
- Consider filing an administrative claim with the appropriate state or federal agency
- Consult with a lawyer to discuss your claim and the potential outcomes
- Research any available legal remedies and the associated costs
- Understand the time frames and filing deadlines associated with your claim or lawsuit
- File a lawsuit against your former employer, if appropriate
- Keep track of any court dates and associated paperwork
- Understand the potential outcomes of a wrongful termination case, including any potential damages or settlements
- Be aware of when to seek out professional help and when to move on
Understand your rights as an employee and what qualifies as wrongful termination
- Research your state’s laws on wrongful termination and familiarize yourself with the legal definition of wrongful termination
- Understand the criteria for wrongful termination cases, such as discrimination, breach of contract, or retaliation
- Read through your employee handbook to understand the terms of your contract and what rights you have as an employee
- Once you are familiar with the legal definition of wrongful termination, you can check this step off and move on to gathering evidence to support your claim.
Gather evidence to support your claim of wrongful termination
- Make copies of all documents related to your employment, such as your job description, performance reviews, emails, memos, and any other communication between you and your employer.
- Ask your colleagues if they have any evidence that can support your claim, and make sure to get their permission to use their accounts of the situation.
- If you have been fired, ask your employer for a copy of the termination letter.
- Gather any other evidence that may be relevant to your case, such as witnesses or other pertinent documents.
- Once you have compiled all the evidence you need, you can move on to the next step.
Copies of any relevant emails or documents
- Collect any emails, memos, contracts, or other documents you have that are related to your wrongful termination
- Look for any emails, memos, or other documents that were sent to or received by your employer that could help support your claim
- Make copies of any relevant emails or documents for your records
- Once you have copies of all relevant emails and documents, you can check this off your list and move on to the next step.
- Gather statements from any witnesses who were present at the time of the wrongful termination
- Ask witnesses to provide a written statement detailing what they saw and heard
- Document the name, contact information, and any other pertinent information of the witnesses
- Ensure that each witness statement is legally binding and signed by the witness
- When all witness statements have been collected and documented, you can move on to the next step.
Documentation of any discrimination
- Collect any documents or emails related to the wrongful termination
- Collect any documents or emails related to any discrimination that may have occurred
- Create a timeline of events from the date of hiring to the date of termination
- Gather any relevant evidence that may support your case including emails, notes, or performance reviews
- When you have all your documents and evidence, you can move on to the next step of considering filing an administrative claim with the appropriate state or federal agency.
Consider filing an administrative claim with the appropriate state or federal agency
- Research the applicable state and federal agencies that may have jurisdiction over your wrongful termination claim
- Compile all relevant documentation and details about your claim
- Prepare a formal claim and submit it to the appropriate agency
- Follow up with the agency to ensure that the claim was received and is being processed
- When you receive notice that the agency has accepted your claim and is investigating, you can move on to the next step which is to consult with a lawyer to discuss your claim and the potential outcomes.
Consult with a lawyer to discuss your claim and the potential outcomes
- Contact a lawyer who specializes in employment law and schedule a consultation
- Prepare any relevant documents or information that can help your lawyer understand your situation
- Discuss the details of the wrongful termination with your lawyer, including any evidence that could support your case
- Ask your lawyer to explain any potential outcomes of your case, such as a settlement, a trial, or other legal remedies
- Ask your lawyer about their fees and any other associated costs
- When you have a better understanding of the potential outcomes, you can check this step off your list and move on to researching any available legal remedies and the associated costs.
Research any available legal remedies and the associated costs
• Research applicable laws related to wrongful termination in your state and any other relevant jurisdictions.
• Look into any potential remedies or forms of relief that can be requested in a wrongful termination claim.
• Speak with your lawyer or other legal advisors to discuss the cost of pursuing a wrongful termination claim.
• Research the cost of filing a lawsuit and any other associated costs, such as expert witness fees, court costs, and attorney fees.
• Consider other potential costs, such as the cost of your time and any other expenses that may be associated with the litigation process.
When you can check this off your list and move on to the next step:
• Once you have a better understanding of the applicable laws and potential remedies, as well as the associated costs of pursuing such a claim, you can move on to the next step in the process.
Understand the time frames and filing deadlines associated with your claim or lawsuit
- Check the statutes of limitations for your case. This will tell you the time frame in which you can sue your former employer.
- Research the laws in your state and any other relevant laws to check the filing deadlines for your case.
- Consult with a lawyer to make sure that you are filing within the deadlines and understand the time frames in which you can sue your former employer.
- Once you have researched the relevant laws and consulted with a lawyer, you can check this step off your list and move on to the next step.
File a lawsuit against your former employer, if appropriate
- Consult an attorney to determine if filing a lawsuit is the appropriate course of action
- Collect all the relevant documents, such as the terms of your employment contract, any relevant emails or memos, and any other evidence of your wrongful termination
- Prepare a complaint document or fill out the necessary paperwork required by the court
- Serve a copy of the complaint to the opposing party
- File the lawsuit with the court
- When you have completed all the steps, you can check off this task and move on to the next step.
Keep track of any court dates and associated paperwork
- Make note of the date for your court hearing and any other court-related meetings.
- Document all paperwork and notices that you receive from the court, including summonses, motions, and other court documents.
- Contact the court regularly to make sure you’re up-to-date on any new court dates or related paperwork.
- Request a copy of the court’s docket sheet, which contains all the important dates, times, and documents related to your case.
Once you have all the necessary court dates and paperwork documented, you can move on to the next step in your wrongful termination case.
Understand the potential outcomes of a wrongful termination case, including any potential damages or settlements
- Research the various types of damages that may be awarded in the event of wrongful termination, such as back pay, front pay, compensatory damages, punitive damages, and attorney fees
- Learn about the different types of settlements that may be available to you, such as negotiation, mediation, and arbitration
- Understand the legal implications of any potential settlements or damages and how they may impact you
- Once you have a better understanding of the potential outcomes of your case, you can check off this step and move on to the next.
Be aware of when to seek out professional help and when to move on
- Research the laws in your state to determine if you have a valid case for wrongful termination.
- Contact an attorney to discuss your situation and determine if legal action is appropriate.
- Determine if the costs of taking legal action are worth the potential outcome.
- Consider the amount of time and effort that will be required to pursue a legal case.
- Consider the potential impact of taking a legal case to court on your future job prospects.
When you can check this off your list:
- When you have researched the laws in your state and have consulted an attorney about your case.
- When you have weighed the potential outcome and costs of taking legal action.
- When you have considered the amount of time and effort required to pursue a legal case.
- When you have considered the potential impact of taking a legal case to court on your future job prospects.
Q: Is there any difference between wrongful termination in the USA, UK, and the EU?
Asked by Rachel on April 12th 2022.
A: Yes, there is a difference between wrongful termination in the USA, UK and EU. In the US, wrongful termination is prohibited by federal and state laws, which provide protections for employees against discrimination, harassment, and other forms of workplace misconduct. In the UK, wrongful dismissal is prohibited under the Employment Rights Act 1996. This Act protects employees’ rights to reasonable notice of termination and protection against unfair dismissal. The European Union also has regulations in place to protect employees from wrongful dismissal. These regulations include the European Court of Justice’s rulings on employment law and the European Convention on Human Rights.
- The plaintiff must prove that their rights were violated and that the termination was unlawful under the relevant federal, state, and/or local laws.
- The plaintiff must present evidence that the termination was due to discrimination, retaliation, or some other violation of the employee’s rights.
- The plaintiff must show that they have suffered some sort of harm as a result of their termination, such as lost wages, emotional distress, and/or other damages.
- The plaintiff must provide evidence of any and all losses incurred as a result of the termination, such as lost wages, benefits, etc.
- The plaintiff should also provide evidence of any discriminatory or retaliatory actions taken by the employer leading up to the termination.
- The plaintiff should be prepared to present evidence of the employer’s failure to follow the company’s own procedures and policies regarding termination.
- The plaintiff should also be prepared to present evidence of any damages incurred due to the wrongful termination, such as lost wages, emotional distress, etc.
- The plaintiff should also be prepared to negotiate a settlement agreement with the employer to ensure that their rights are respected and that they receive compensation for their losses.
Templates available (free to use)
Claimaints Schedule Of Loss Unfair Dismissal
Employer Response To Disability Discrimination Et1 Unfair Dismissal
Et1 Claim Form For Unfair Dismissal Misconduct
Et1 Claiming Unfair Dismissal Due To Ill Health
Et1 Claiming Unfair Dismissal Due To Poor Performance
Et1 Unfair Dismissal Claim Pregnancy And Maternity Discrimination
Et3 Form Defence Against Employee Unfair Dismissal Claim Capability Ill Health
Et3 Form Defence Against Employee Unfair Dismissal Claim Capability Poor Performance
Et3 Form Defence Against Employee Unfair Dismissal Claim Misconduct
Et3 Form Defence Against Employee Unfair Dismissal Claim Redundancy
Et3 Form Defence Against Employee Whistleblowing And Unfair Dismissal
Et3 Response To Disability Discrimination And Unfair Dismissal Claim
Standard Employer Response To Pregnancy And Maternity Discrimination Et3 Unfair Dismissal
Standard Employer Response To Race Discrimination Et3 Unfair Dismissal
Standard Employer Response To Religion Or Belief Discrimination Et3 Unfair Dismissal
Standard Employer Response To Sexual Orientation Discrimination Et3 Unfair Dismissal
Standard Wording For Et1 Sex Discrimination And Unfair Dismissal
Standard Wording For Et3 Sex Discrimination And Unfair Dismissal
Unfair Dismissal Advice To Employee Client Considering Claim