How to File a Wrongful Dismissal Claim
Losing your job is never easy, but when you’ve lost your job unlawfully it can be particularly upsetting.
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You Will Need
- Printed statement of events
- Records of any related communications
- Lawyer
Steps
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Step 1
Gather your thoughts
Gather your thoughts and write a statement describing what led up to your termination. Include all information related to the situation that will support your case, no matter how seemingly trivial.
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Step 2
Print statement
Print, sign, and date two copies of the statement. Keep one copy in a file folder for your records.
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Step 3
Collect records
Collect records of any communications that are related to your termination, including e-mails, memos, written feedback, and even sticky notes.
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Step 4
Consult a lawyer
Consult with a lawyer, who will help you decide whether you have a valid claim.
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Step 5
Review records
Review the records and order them chronologically. Type a dated list itemizing each communication along with a short explanation of how each item is related to the wrongful dismissal claim.
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The agency you are filing a claim with may not require you to submit records with your initial claim. However, if an investigation is pursued, this documentation will be very valuable.
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Step 6
Find correct agency
With your lawyer, determine which state or federal agency to file your claim with. This will depend on the nature of your dismissal -- discrimination, harassment, or retaliation.
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If you are unsure of which agency is best suited to handle your claim, contact your local workforce commission; they will guide you.
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Step 7
Type and send claim
Type your claim and send it to the appropriate agency. Every agency is unique in its requirements, so pay careful attention when submitting the required documentation.
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Make sure that you meet the time requirements dictated by the agency with which you are filing. Otherwise, your claim many not be reviewed.
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Step 8
Follow up
Make follow-up calls to the agency, letting them know that you are willing to discuss the termination beyond what is stated in the formal claim.
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Step 9
Be patient
Be patient -- claims take time to review.
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Tom Hanks won a Best Actor Oscar for his portrayal in the film Philadelphia of Geoffrey Bowers, a lawyer who was unlawfully dismissed for having AIDS.
