How to Write a Wrongful Termination Letter
Short answer
To write a wrongful termination letter, start by gathering all relevant documents and facts about your dismissal. Then, write a clear, professional letter that states the termination date, explains why you believe it was wrongful citing specific policies or laws, and requests a particular resolution. Include supporting evidence and ask for a timely response to help resolve the issue.
What do you need before starting a wrongful termination letter?
Before drafting your wrongful termination letter, collect all documents related to your employment and termination. This includes your employment contract, offer letter, employee handbook, company policies, performance reviews, emails, and any written warnings. Having these on hand lets you accurately reference specific policies or contractual terms that might have been violated. Also, write down a detailed timeline of events, including dates of key conversations or disciplinary meetings. This helps you present a clear and factual account.
For example, if you were fired on July 1 but received no prior warnings despite company policy requiring three written warnings before termination, this is essential to note. Knowing your state and federal employment laws is also important, especially if your termination involves discrimination, retaliation, or breach of contract. Resources from the U.S. Equal Employment Opportunity Commission or your state labor department can help you understand these laws.
Gathering this information prepares you to write a focused letter that highlights your rights and the employer’s potential violations. Without this preparation, your letter may lack the details needed to make a compelling case.
How do you structure your wrongful termination letter?
Structuring your letter properly ensures your message is clear and professional. Follow these steps:
- Your contact information and date: Put your full name, address, phone number, and email at the top, followed by the date. This helps ensure your employer can respond.
- Employer’s contact details: Include the name, title, and address of the person you are writing to, commonly your supervisor, HR manager, or company president.
- Subject line: Use a clear heading such as “Re: Wrongful Termination of Employment.”
- Opening statement: Begin by stating the purpose—“I am writing to formally dispute my termination on [date] which I believe was wrongful.”
- Summary of facts: Briefly outline your employment history and the circumstances of your termination. For example: “I was employed from [start date] to [termination date] as [job title]. On [date], I was informed of my termination without prior warnings or explanations.”
- Explanation of wrongful termination: Clearly state why you believe the termination was wrongful, referencing company policies or laws. Example: “According to the employee handbook, termination requires three written warnings, none of which I received.”
- Supporting evidence: Mention any documents or witnesses that support your claim, such as performance reviews or emails.
- Requested action: Specify what you want, such as reinstatement, severance pay, or compensation.
- Request for response: Ask for a written reply within a reasonable time frame, for example, “Please respond to this letter within 14 days.”
- Closing and signature: Use a polite closing such as “Sincerely,” followed by your name and signature.
This clear organization helps your employer understand your concerns and what you seek, increasing the chance of a constructive reply.
What wording should you use to explain your wrongful termination?
Choosing your words carefully is crucial to keep the letter professional and credible. Avoid emotional or accusatory language. Use firm but respectful language that focuses on facts and policies. Here are examples of effective wording:
- “I was terminated on [date], and I believe this action violates the company’s progressive discipline policy outlined in the employee handbook, which requires prior warnings.”
- “No prior discussions or warnings related to my performance were documented, which contradicts the company’s stated procedures.”
- “Based on my understanding of federal laws prohibiting discrimination on the basis of [protected class], I believe my termination may have been unlawful.”
- “I respectfully request a review of my termination and consideration for reinstatement or an appropriate settlement.”
Avoid statements like “You unfairly fired me” or “This was discrimination,” which can sound confrontational. Instead, say, “I believe that the circumstances of my termination indicate a violation of policies or laws.”
Including specific references, such as “Section 5.3 of the employee handbook” or “Title VII of the Civil Rights Act,” strengthens your argument. If you mention legal terms, keep explanations simple and clear to show you understand your rights without sounding threatening.
How do you know if your wrongful termination letter worked?
After sending your letter, monitor for any response from your employer. A timely acknowledgment or invitation to discuss the issue indicates your letter was taken seriously. For example, you might receive an email from HR requesting a meeting or a written statement addressing your concerns.
If your employer proposes solutions like reinstatement, severance, or mediation, this is a positive outcome. Keep records of all communication. If you do not get a response within the requested timeframe (for example, 14 or 21 days), follow up with a polite reminder letter or call.
If your letter leads to a formal internal review or complaint process, this shows your letter helped initiate a resolution. Even if your employer denies wrongdoing, having a written record of your claim can be important if you pursue further steps with the EEOC, a labor board, or in court.
What should you do if your wrongful termination letter doesn’t lead to a resolution?
If you do not receive a satisfactory response, or no response at all, consider these steps:
- File a complaint with the EEOC: If discrimination, harassment, or retaliation is involved, you can file a charge with the EEOC. This starts a formal investigation.
- Contact your state labor department: They handle wage disputes and some wrongful termination claims.
- Seek legal advice: Use free or low-cost legal services like Legal Services Corporation or LawHelp.org to understand your options.
- Consider mediation or arbitration: Some employers require these before lawsuits.
- Keep detailed records: Document all letters, emails, phone calls, and meetings.
Remember to act quickly because wrongful termination claims often have strict deadlines. If you choose to pursue a lawsuit, your letter will be a key piece of evidence showing you tried to resolve the matter professionally.
How can you adapt a wrongful termination letter for different audiences?
Tailor your letter depending on who will receive it:
- To the employer or HR: Use formal, professional language and cite specific policies or laws. Provide detailed evidence to support your claim and focus on a resolution.
- To a lawyer or legal aid: Include more background information and attach copies of documents. Be clear about what you want help with.
- To a union representative: Explain how your rights under the union contract were violated and request assistance.
- For a job application or future employer: If you need to explain a wrongful termination, keep it brief and factual. Say something like, “My employment ended due to a dispute over company policies, which I am contesting.” Avoid negative language to maintain professionalism.
Adjusting your letter’s tone and detail makes it appropriate and effective for each audience.
Frequently asked questions
Can I write a wrongful termination letter without a lawyer?
Yes, you can write one yourself by stating facts clearly, citing policies or laws, and requesting a remedy. Legal advice can improve your letter’s strength but is not required.
How quickly should I send a wrongful termination letter?
It’s best to send it soon after termination, ideally within days or a couple of weeks. Acting promptly helps preserve your rights and starts the complaint process.
What if the employer ignores my letter?
If ignored, follow up with a reminder, and consider filing a complaint with the EEOC or your state labor agency. Seeking legal advice is also recommended.
Should I include all my emotions and opinions in the letter?
No, keep the letter professional, factual, and free of emotional language. Focus on evidence and policies to maintain credibility.
Can this letter help if I want to sue?
Yes, it serves as documentation of your attempt to resolve the issue and outlines your claim, which can support legal action.