How to Draft a Letter for Wrongful Termination

Review your company’s policies. Check your employee handbook or reach out to your HR department to verify if there is a specific grievance process in place. If your company mandates a specific procedure, you may need to follow those steps before seeking legal assistance or involving government agencies.

• If you have a copy of your employee manual or are still employed, familiarize yourself with the company’s termination guidelines. In many states, these written policies could form part of your employment contract. If your employer fails to adhere to these policies, they may be in breach of contract, providing grounds for a wrongful termination grievance.

Identify wrongful termination. In most states, employers are free to terminate employees for any reason or no reason at all, except for certain illegal ones. Both state and federal laws protect against wrongful termination under specific circumstances. These prohibited reasons include:

• Belonging to a protected group, such as individuals over 40, people with disabilities, individuals of any gender, pregnant workers, those with specific genetic traits, people of particular national origins, races, or religions.
• Engaging in civic duties, such as jury duty or military service.
• Facing retaliation for whistleblowing or making a legitimate complaint to government agencies like the Equal Employment Opportunity Commission or the Department of Labor Wage and Hour Division. (Employers cannot fire you for reporting illegal practices to the government.)
• Terminating you for reasons that breach an employment contract.

Document key incidents. If you believe your termination violated an employment contract or company policy, make a record of dates and times when the violation occurred. Note any actions that should have been taken before your termination. If you suspect your dismissal was due to a prohibited reason, write down any comments or actions that hint at this. Common examples may include:

• Offensive jokes or comments tolerated by management about your protected group.
• Positive performance reviews without any prior issues or warnings.
• Stereotypical remarks or actions by management targeting your protected class.

Collect supporting documents. If you're still employed but worried about potential wrongful termination, keep copies of relevant parts of your policy manual or personnel file stored safely. Ensure that you are legally allowed to take these documents home or access specific portions of your file. Taking documents that you're not authorized to remove could complicate any wrongful termination claims you might pursue later on.

Request a termination letter. Certain state laws may require employers to provide a termination letter. If yours does not and you’re not given one, ask for it. The worst they can say is no. Even if you don't receive a termination letter, ask the person who informed you about your termination to clarify the reasons for your dismissal.

• If you’ve already been terminated, reach out to your HR department, supervisor, or the individual who terminated you for this letter or an explanation.
• Consider whether the explanation you were given is legitimate. If an explanation is provided that doesn't reflect the real reason for your dismissal, it may be considered pretext. If you can prove that the provided reason was a cover-up for a prohibited termination, you may still have grounds for a grievance.

Seek help from your union representative. If you're a union member, get in touch with your union representative for support. This is important even before termination if you suspect it may happen soon. Many collective bargaining agreements outline specific procedures an employer must follow before terminating union-covered employees, as well as grievance steps an employee must adhere to.

Direct the letter to the right person. The recipient of your letter will depend on your company structure. Typically, you’ll want to send your letter to one of the following individuals:

• The head of the HR department
• Your immediate supervisor
• The individual who terminated you

Provide a summary of your termination. Start your letter by outlining the details of your termination. Be sure to include:

• The exact date and time of your termination
• The reason, if provided, for your dismissal
• The name of the person who terminated you
• Example: On April 1, 2015, at 9:30 a.m., John Doe called me into his office and informed me that I was being let go due to excessive absences.

Provide details about your dispute. This section forms the core of your letter and may take several paragraphs.

• Explain the reason you believe you were terminated.
• Cite any contract or policy provisions that were violated.
• Describe any incidents that suggest you were terminated for an illegal or prohibited reason.
• Provide any supporting documentation you have that strengthens your case.
• For example: My absences were covered under the Family Medical Leave Act and should not have been grounds for termination. I submitted the required paperwork to Jane Doe in HR on February 15, 2015, and by April 8, 2015, I had only used eight days of leave.

Set a deadline for a response. Politely ask your employer to respond within a reasonable timeframe. Thirty days is a standard period. Mention that you will consider taking further action if no response is received, but avoid making explicit threats. It is essential to distinguish between legally stating potential consequences and making coercive or extortive remarks.

• For example: I look forward to your response by May 15, 2015. Should you fail to respond, I will seek legal advice to explore my next steps.

Allow time before reviewing the letter. It’s easier to catch errors in your letter if you take a break from it. After a few days, review the letter again, making revisions where necessary. However, don’t delay sending it for more than a week. If timeliness is specified in your company’s grievance policy, adhere to it. If not, aim to send the letter promptly. When reviewing, keep these guidelines in mind:

• Focus on the facts, not emotions. It’s understandable to be upset about your termination, but remove any personal feelings from the letter. Avoid name-calling or negative remarks about colleagues or the workplace. Stick to the facts of what transpired.
• Don’t make threats. Avoid suggesting physical retaliation, spreading negative reviews, gossiping, or threatening legal action. Stick to a general statement about considering further steps if necessary.

Include copies of relevant documentation. Attach any supporting documents referenced in your letter. Be sure to send copies, not original documents, as you may need them later. Make sure all the documents you mention are included to back up your case.

Sign the letter. Use ink to sign the letter with the name you are listed under in your employee file.

Send the letter via certified mail. It's recommended to send your grievance letter using certified mail with a return receipt requested. You can do this at your local post office.

• The postmaster will assist you in completing the necessary forms.
• Make sure to have both your address and the employer’s address handy.

Allow time for a response. Wait for the response period specified in your letter before reaching out to your employer or taking further steps. If your employer does get back to you, stay professional and listen to their side of the story. If a fair solution is reached, that’s great. If not, you may need to pursue additional measures.

• Some grievance procedures may require you and the company to attempt good-faith negotiations. If that applies, attend these conferences with an open mind but also know what terms are unacceptable to you.
• You might want to seek advice from an attorney or your union representative before these discussions. Legal or union experts can help clarify what to expect if the case escalates to court.
• In many cases, negotiations may result in a severance package.

Consult with an attorney. If your employer fails to respond or if settlement talks fall through, an attorney can guide you through the legal options available based on your situation. Look for a lawyer specializing in employment law in your state. Potential legal avenues include:

• Filing a formal complaint with a state or federal agency like the Equal Employment Opportunity Commission or the Department of Labor.
• Taking legal action by filing a lawsuit against your employer.