The Wrongful Termination Lawsuit Process: A Step-By-Step Guide

If your employer fired you for illegal reasons, such as discrimination or retaliation for engaging in protected activities, you can file a wrongful termination lawsuit against them. The first step is to get personalized legal advice from an experienced wrongful termination attorney. They can explain your rights and legal options and help you begin to gather evidence for your claim.

Statutes of limitations give limited time to file a lawsuit after being illegally fired, so contact a wrongful termination attorney as soon as possible.

Step 1: Consulting With a Wrongful Termination Lawyer

Consulting with a wrongful termination lawyer should be the first step in pursuing legal action. An attorney can review your situation, explain your legal options, help you get started with your case, and help you avoid mistakes that workers often make when filing a wrongful termination claim.

Consulting an attorney is helpful because there is no standard step-by-step guide to wrongful termination cases. There are many types of legal claims that be involved. You may have a wrongful termination lawsuit based on breach of contract, which is nothing like a wrongful termination claim based on whistleblower retaliation.

Some of the most common types of wrongful termination claims include:

• Breach of employment contract
• Retaliation for reporting sexual harassment
• Retaliation for reporting civil rights violations
• Retaliation for whistleblowing on illegal activity
• Constructive discharge
• Violation of public policy

Furthermore, wrongful termination claims could involve both state and federal laws. Some state laws offer stronger legal protections than those under federal wrongful termination laws. An attorney can explain which type of court claim gives you the best possible outcome.

Step 2: Filing an Administrative Complaint

Many types of wrongful termination cases require going through a government agency before you can take your case to court.

Claims of illegal termination are generally filed with the U.S. Equal Employment Opportunity Commission (EEOC). You can also file your claim with your state government agency.

EEOC officials will try to resolve the complaint between you and your former employer. If they can’t, the EEOC will give you a notice of right to sue in court. Then you can take your employer to court to sue for damages, including back pay, loss of benefits, and emotional distress.

Some states give you the right to sue without waiting for the EEOC. This can speed up the process and help you get a settlement more quickly so you can get back to work. Talk to your employment attorney to find out if your state requires going through the government formal complaint process.

There is a limited time to file discrimination-based wrongful termination claims. In most states, you have 180 days from the date of termination to file your complaint. However, some states give you up to 300 days or more to file your claim. Talk to your local attorney as soon as possible so you don’t lose out on your chance to recover compensation.

Step 3: The Discovery Process

The lawsuit begins with filing your complaint with the court and your employer responds with an answer. The case then proceeds to discovery. Discovery is the fact-finding and evidence gathering process. Discovery includes document requests, depositions, interrogatories, and witness statements.

Your legal counsel will request evidence from your employer, including your personnel file, employment agreement, pay stubs, performance reviews, memos, text messages, and other evidence. Your attorney will also conduct depositions, which are formal interviews under oath.

If your employer is not turning over all the evidence, your attorney can file a motion to compel evidence. For example, your employer may claim memos or company policies are confidential. Your attorney can show that this evidence shows a pattern of discrimination and supports your case. The judge can compel your employer to produce the evidence or face court sanctions.

Step 4: Settlement Negotiations

Throughout litigation, your attorney will generally stay in communication with your employer’s legal counsel. Most wrongful termination cases settle before they go to trial. A settlement is an agreement to resolve the legal claim without going to court. Your employer can offer a settlement payment and avoid going through a trial.

“I’m not exactly sure what the statistics say, but perhaps as many as 90 percent of cases resolve before they get to trial,” says Beth Bertelson, an employment litigation attorney in Minneapolis, Minnesota. “It isn’t very common to go all the way to trial, but it does happen.”

Settlements can be the best option for all parties. Even if you think you have a strong case, a jury may decide against you, and you won’t get anything. A settlement is a way to guarantee compensation for your employer’s unfair treatment. Settlements also help you avoid the cost, time, and stress of going through the legal process.

Step 5: Going to Trial

Before going to trial, many cases go through pre-trial motions and motions for summary judgment. Pre-trial motions generally try to limit the issues in dispute, evidence, and other aspects of the case.

A motion for summary judgment is a request to the court to decide the case where no material facts are in dispute and the court should grant judgment as a matter of law. This is a high standard to meet. If there are any material facts in genuine dispute, the court is likely to deny these summary judgment motions.

The next step is trial. You can have a jury trial or a bench trial, where the judge is fact-finder. Most employees in a wrongful termination case prefer a jury trial. With attorney input, the court selects a jury, and the case begins.

A case begins with opening statements, then presenting evidence to the jury. Evidence includes written and documentary evidence, witness statements, and expert witness testimony. Each side can cross-examine any witnesses. Finally each side makes closing statements. The judge instructs the jury who deliberate to decide the outcome. The jury gives the judge their decision and the judge reads the verdict and monetary award.

How Long Does a Wrongful Termination Lawsuit Take?

“The whole EEOC investigation process could take a couple of years,” says Bertelson. “Then, if you don’t get resolution there, you could file a lawsuit. That might take a couple of years. Then you might have appeals. So it’s really hard to say.”

The timeline for a wrongful termination lawsuit depends on several factors, including:

• Complexity of the claim
• Number of plaintiffs
• Court caseload and backlog
• Amount of compensation being requested
• Interest in settlement (from both parties)
• Appeals

Talk to your attorney about the complexity of your case and how long it may take to come to a resolution.

Find Legal Help

Many employment lawyers offer a free initial consultation to help you find out if they are the right lawyer for you. If you’ve been let go and you suspect wrongful termination, take advantage of a consultation to learn about your legal rights and options.

Contact an experienced wrongful termination lawyer for legal advice.