Create a timeline of events, when you were notified and when you were asked to leave. Document the names of everyone involved. Get copies of all paperwork. Be sure to have a copy of your termination notice. [1] X Research source

Employers sometimes like to hustle people out of the building immediately after being terminated. You may not have time to return to your office and make copies to take home with you. Store copies of annual reviews, correspondence, emails, and employee handbooks at home. In this way you will have easy access to this material.

Common reasons for termination are poor job performance and absenteeism. Your termination letter should specify your violation. Particularly seek out co-workers who differ from you in terms of age, race, gender, or religion. If they were treated differently, then you may have strong evidence of discriminatory intent.

Stay professional and don’t send the email until you can avoid being argumentative. The purpose of the email is simply to document the discussion. If you do not feel comfortable sending an email, then simply makes notes about the conversation as soon as possible.

There are important limitations to “at will” termination. For example, your employer cannot fire you for an illegal reason, such as gender or racial discrimination, or in retaliation for you exercising a legal right. You may also not be fired for refusing to perform an illegal act. Also, an employer may not make your work environment so uncomfortable that he can anticipate that you will quit. This is called “constructive discharge. "

Language in a handbook must be sufficiently clear that a reasonable employee would believe that a contract is being offered. For example, language such as “shall” or “must” or “never” before a promise is sufficiently clear evidence of a contractual promise. [5] X Research source But a clear disclaimer stating you have been hired “at will” and that the handbook is not a contract trumps any implied contract. [6] X Research source

To find an attorney, contact your state bar association. They should have a referral system. If costs are a concern, most attorneys will represent you under a contingency fee agreement. Under this arrangement, an attorney only gets paid if she wins your case. Typically, she will get around 30-40% of the award amount. Under a contingency fee agreement, clients still most pay for costs, such as filing and service fees, so be sure to budget for that.

However, if you allege discrimination, you probably need to exhaust administrative remedies first at either the state or federal level. If you allege discrimination based on race, religion, sex, national origin, age, disability, color, genetic information, or retaliation, then file a complaint with the Equal Employment Opportunity Commission (EEOC). You may also file discrimination claims with state agencies. For example, in California, almost all plaintiffs file with the California Department of Fair Employment and Housing because the state agency’s rules are more advantageous that the federal ones. In California, you can also request an immediate right to sue and skip the administrative process. Constructive discharge suits are brought in both state and federal courts. [8] X Research source

You have 45 days from the discriminatory action to contact an EEOC counselor. [9] X Trustworthy Source US Equal Employment Opportunity Commission U. S. government agency that enforces civil rights in the workplace Go to source Be prompt.

In state court actions for breach of contract, you may secure a blank complaint form from the County Clerk. You will fill in your name as plaintiff and your employer’s name as defendant. You initiate the EEOC process by first contacting the office. An EEOC counselor will discuss your rights with you. [10] X Trustworthy Source US Equal Employment Opportunity Commission U. S. government agency that enforces civil rights in the workplace Go to source After your final interview, your counselor will give you a letter with information about how to file the complaint. State agency rules may differ from the EEOC. If you choose to file with a state agency, contact them about proper requirements and procedures.

Statute of limitations for breach of contract vary by state. In California, you must file suit within 4 years. In Illinois, you have 10 years. [11] X Research source You must file a formal complaint with the EEOC within 15 days of receiving notice from your counselor about how to proceed. [12] X Trustworthy Source US Equal Employment Opportunity Commission U. S. government agency that enforces civil rights in the workplace Go to source File the complaint at the EEOC office where you were counseled.

If suing for breach of contract, you should quote the contract provision your employer violated. For example, if you were promised employment for 3 years, quote the provision that says that. Attach a copy of the employment contract to your complaint. In an EEOC formal complaint, you must include your name, address, and telephone number; a short description of the discriminatory events; why you believe you were discriminated/retaliated against (e. g. , race); and a description of any injury you have suffered. [13] X Trustworthy Source US Equal Employment Opportunity Commission U. S. government agency that enforces civil rights in the workplace Go to source The complaint must also be signed by you or your lawyer.

Ask for copies of internal checklists or procedures. Companies routinely require that checklists be followed when firing someone. If your employer deviated from established protocol, you may have evidence that discrimination or retaliation was the real motivation.

Prepare thoroughly. Sit down with your attorney and run through questions you will be asked. Be sure to do as many deposition preps as necessary to feel comfortable. At the deposition, be sure that you understand the questions thoroughly. Also, never guess; answer “I don’t remember” if you do not remember information. [14] X Research source

How strong your case is. You might lose at trial. With a settlement, you at least will gain some compensation. The amount offered. If your case is strong but the settlement amount is low, you might want to proceed to trial or counteroffer for a higher amount. Discuss this with your attorney. The emotional burden of trial. At trial, the defendant will paint an unflattering picture of you. Cross-examination on the witness stand may also be stressful. If you want to avoid these stressful situations, a settlement may be ideal.

Prepare to testify. Undoubtedly you will be called to testify at trial. You will be asked about your job performance and about your working relationship with others. Prepare the same way you did for the deposition. Assist your lawyer by getting her any documents she needs. Any delays only hurt your case.