Common Mistakes To Avoid If You Think You Were Wrongfully Fired

When termination feels unfair, the key question becomes whether it was unlawful. A wrongful termination claim can be won or lost in the days and weeks after you are let go.

With the guidance of experienced legal counsel, you can avoid the common mistakes that put claims at risk and position yourself for a stronger outcome.

Mistake #1: Waiting Too Long To Contact a Lawyer

The biggest mistake a former employee can make is waiting too long to pursue their claim. Many of the laws under which wrongful termination claims are made have short filing deadlines. In some cases, the deadline is as short as 180 days. If an employee waits too long, they can be barred from filing a claim and seeking recovery.

Even if they do file within the deadline, waiting can make proving their claims more difficult. Over time, the evidence may get damaged, lost, deleted, or thrown away. Company servers get purged, people’s memories fade, or witnesses become unlocatable or unavailable. Waiting to file can make the situation more contentious and adversarial, making settlement negotiations more difficult.

The best guidance is to seek the advice of a wrongful termination lawyer. “I would generally advise employees to consult with a lawyer as soon as they have a concern that something may be going wrong in the workplace,” says Erin M. Pulaski, an employment litigator at Rudy Exelrod Zieff & Lowe in San Francisco, California. “As soon as they suspect that the company is targeting them for wrongful termination, I don’t think there’s any good reason to wait.”

Even if you are unsure, an employment lawyer can help you evaluate the facts and determine if you have a legal claim. If you do, the lawyer can take immediate action to gather evidence and take legal action.

Mistake #2: Talking to Your Former Employer Without Counsel

You will likely hear from your employer once you file your wrongful termination claim. It’s important not to speak with your former employer without your own counsel present.

“I think it’s important for employees who have experienced wrongful termination to avoid having a lot of substantive discussion with their employers about the issue prior to consulting with the counsel,” says Pulaski. “Because sometimes in those discussions, employees can say things that impact their ability to later prove their legal claims. The concern is that if an employee talks at length with an employer about their concerns before retaining counsel, they might say something that undermines their legal claims.”

A wrongful termination lawyer can help prevent you from inadvertently making an admission or accepting the employer’s framing of the circumstances surrounding your termination. Those conversations can be discoverable during the lawsuit. The employer could use these conversations as an opportunity to lock you into a defense or waive your rights.

Mistake #3: Posting About It on Social Media

People post about every aspect of their lives on social media these days. However, legal matters are one topic that shouldn’t be shared. Posting about your wrongful termination lawsuit can undermine your credibility.

The employer’s side may use inconsistent or overly emotional posts to argue that your version is unreliable. Every post, comment, and profile is eligible to become evidence in your lawsuit. If a post admits to your wrongdoing, this can be used against you.

The best approach is to not post on social media at all about your firing, the company, your employment, or the case. If possible, make your social media accounts private. Do not use social media to express frustration or vent your emotions. Do not comment on others’ posts related to the situation.

Mistake #4: Signing a Severance Agreement Without Review

An employer may extend a severance offer during an employee’s termination. Severance agreements often include release or waiver clauses that bar you from bringing any claims against the employer. Employers may structure the severance to look generous, but condition it on giving up legal rights.

Similar to an employment contract, employees should have a severance agreement reviewed by an attorney before signing.

“It’s important not to sign anything,” urges Pulaski. “I would generally advise employees to avoid signing any documents that are presented by an employer prior to consulting with counsel, especially anything that looks like a release of claims. Once an employee signs a release of claims, that’s really going to limit the ability of a lawyer to help them at that point.”

Mistake #5: Not Gathering and Preserving Evidence

One of the biggest mistakes an employee can make is not preserving the evidence they need to support their legal action. Without it, the case becomes their word against the employer’s.

“People should be prepared to show a lawyer the most relevant documents in connection with their employment issue,” says Pulaski. “That typically includes things like their offer letter, any arbitration agreement, and any documentation related to their termination.”

Generally, it’s helpful to gather evidence about the company’s policies. This could include your offer letter, employment contract, employee handbook, or published company policies. These should be gathered along with performance reviews, evaluations, or written warnings.

If the employer claims they fired you for poor performance, a positive review history can prove this wasn’t the case. In contrast, overly critical performance reviews can also show a bias that other employees do not experience. This can also hint that the decision to fire employees is for unlawful reasons.

If the wrongful termination claim originates from a whistleblower or protected activity, evidence of the employee’s actions is essential. The employee needs evidence to support the actions taken. This could include evidence of the company’s violation of state or federal laws. It could be documentation of the employee taking the correct steps to be a whistleblower. For protected activity, the evidence could include the notice the employee gave to the company of their medical leave.

“The other thing that can be very helpful is if an employee can prepare a timeline or a chronology of the underlying events leading to termination,” says Pulaski. “Having that timeline can really help the lawyer understand what’s happened so far and what the chronology was. It can make the consultation a lot more efficient.”

Mistake #6: Misunderstanding Your Legal Rights

Employment law can be complicated, making it common for people to misunderstand their legal rights. For example, people often assume that at-will employment means you have no rights. This is not the case. Even at-will employees can sue for illegal termination.

Another common misconception is that you can sue immediately. This isn’t always true. Many claims require the employee to go through an administrative process first. For example, a discrimination claim would be filed with the U.S. Equal Employment Opportunity Commission (EEOC) first. The EEOC would perform an investigation and then issue a finding.

Employees can also be confused by whether or not a law applies. Employment law varies from state to state, so what is true in one state may not be in another. This is the case with implied contract limitations.

Speaking with an experienced attorney is crucial to gain accurate legal advice. A local attorney will know the applicable federal and state laws and be able to guide you through any internal complaint process.

“It’s generally helpful for employees to have at least consulted with a lawyer or to be represented by a lawyer once they start going through internal HR channels,” says Pulaski. “HR is generally not looking out for the interests of the employee. They’re looking out for the interests of the employer. And so it’s not going to necessarily be helpful for the employee to go through an HR process unless they’re protected with their own legal representation.”

Find Legal Help

Every wrongful termination case is shaped by the decisions you make immediately after losing your job. Missing deadlines, misunderstanding your rights, or trying to navigate the process without legal counsel often leaves employees without a viable claim.

The most effective way to protect your rights is to hire a skilled attorney who can evaluate your case, guide you through each stage, and fight for the outcome you deserve.

Use the Super Lawyer directory to find a skilled wrongful termination lawyer to represent you.