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.

You will need

  • Printed statement of events
  • Records of any related communications
  • Lawyer

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.

Step 2 Print statement Print, sign, and date two copies of the statement. Keep one copy in a file folder for your records.

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.

Step 4 Consult a lawyer Consult with a lawyer, who will help you decide whether you have a valid claim.

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.

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.

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.

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.

Step 9 Be patient Be patient — claims take time to review.