How To Document and Report Wrongful Termination

Wrongful terminations happen all the time but are difficult to prove. This is partially because many people fail to gather effective documentation for a wrongful termination case. This prevents them from having the proof they need when they need it. 

Thankfully, there are ways to combat this. It is critical to be aware of how to document and report wrongful termination. 

Confirm That Your Termination Is Wrongful

Before you start documenting and reporting a wrongful termination, it is important to determine whether your case falls into this category. There are many cases where individuals believe they were wrongfully terminated, but they weren’t. 

At-will employment means employers can fire an employee for any reason or without reason at all, as long as it doesn’t conflict with laws or regulations. Because of this, termination is generally only illegal if it goes against laws or regulations. This includes cases of discrimination, harassment, or retaliation. 

Reporting Wrongful Dismissal: Documentation Essentials

Effective documentation for wrongful termination starts with evidence. The more evidence you have, the more likely you are to be able to prove your claim. 

Specifically, you will want written proof. This includes emails, memos, or other messages you received that help back up your point. Other forms of proof, like testimonials from coworkers, can be helpful but are generally less powerful. 

This evidence must all relate to your case. For example, if you believe you were fired as retaliation for a workers’ compensation claim you made, look for any details from around the time you filed your claim. Things like a change in how you were spoken to, a change in how you were treated, or a dismissal from around this time may help prove your point. 

Some key documentation you will want includes: 

• Relevant emails, memos, and other communications
• Written testimonies from coworkers who witnessed wrongdoing
• Who you talked to about your issues/concerns, when you talked to them, and what was done in response
• Any other evidence you have relating to the nature of your case

Reporting Wrongful Job Loss: A Step-by-Step Guide

Once you’re sure you are dealing with a wrongful termination and start gathering documentation, you can go about reporting it. 

Talk to HR

Like most workplace problems, you should approach human resources before escalating them. They may be able to prevent your wrongful termination before it happens. 

Set up a meeting with your HR representative. At the meeting, display the evidence you have collected and explain why you think your termination was wrongful. Be clear and avoid getting upset during the meeting, as you don’t want to provide them with more reasons to side against you. 

While doing this, knowing how to document and report wrongful termination comes into play. Take notes during the meeting and ask for everything in writing whenever possible. 

After the meeting, email the HR representative a summary of what was discussed, inviting clarification from them wherever necessary. This will allow you to have written proof of everything you talked about. Failing to do this will prevent you from having proof of what was discussed later. 

Talk to a Wrongful Termination Lawyer

In any case of wrongful termination, you will want a lawyer on your side. You could get them involved earlier in the process, but you will definitely need them at this point. 

They will help verify your claims and work through the steps you need to take next, including the proper ways to document and report unethical behavior in the workplace. 

Settle Out of Court

In many cases, a wrongful termination will be settled out of court. This usually involves some form of mediation or arbitration that your wrongful termination lawyer will help walk you through. 

A positive outcome at this step is more likely if you have proof and evidence to support your case. Follow the guidelines for documenting and reporting wrongful termination whenever possible. 

File an Official Complaint

Depending on the nature of your wrongful termination, you may be able to file an official complaint with a federal agency. They will look into your claims and attempt to verify them. 

File a Lawsuit

After exhausting all other options, you may want to bring your case to the courtroom. Again, this is a time when the strength of the evidence you have collected will be a major asset. Often, it will determine whether your lawsuit is successful or not. 

Document and Report Your Wrongful Termination

Being able to back up and appropriately report your wrongful dismissal is key to building a case and possibly getting compensation. By following these tips on how to document and report wrongful termination, you’ll be better prepared for the legal journey ahead.

Want to ensure you’re taking the right steps to document and report your wrongful termination? Call the team at Kent Pincin at 301-376-0922 to discuss your case.