4 elements of a wrongful termination case

Losing your job can be a distressing experience, particularly when you suspect an unjust termination.

Wrongful termination occurs when a firing violates labor laws, employment contracts or anti-discrimination statutes. To build a strong case in such circumstances, several key elements must be present.

1. Documentation

One of the most fundamental elements of a wrongful termination case is the quality of your documentation. This refers to all records and evidence related to your employment, including emails, performance evaluations, company policies and any correspondence with your employer.

2. Clear violation of employment agreements and policies

To successfully prove a wrongful termination, you must demonstrate that your employer violated employment agreements, company policies or even state or federal laws. Analyze your employment contract and the company’s policies to identify any breaches. It is important to show that your termination was not in accordance with the established rules and regulations within your workplace.

3. Discrimination and retaliation

In many cases of wrongful termination, discrimination and retaliation play a significant role. Retaliation accounted for 55.8% of charges filed with the Equal Employment Opportunity Commission in 2020. If you believe the termination happened due to your age, race, gender or disability or for reporting unethical behavior or harassment, you need to gather evidence that substantiates these claims.

4. Witness statements and testimonies

Witnesses can be invaluable in supporting your case. Colleagues, supervisors or even subordinates who can attest to the events leading up to your termination can provide vital testimonies. Their statements can corroborate your claims and add credibility to your case.

When faced with the distressing experience of wrongful termination, remember that your rights matter. A well-prepared case can help you seek the justice you deserve.