how to write a wrongful termination letter

3 min read 05-02-2025

how to write a wrongful termination letter

Wrongful termination is a serious issue, leaving you in a vulnerable position. A well-written letter can be your first step towards seeking justice and compensation. This guide outlines how to craft a powerful wrongful termination letter that protects your rights. This letter is not a legal substitute for consulting with an attorney.

Understanding Wrongful Termination

Before drafting your letter, understand the legal definition of wrongful termination in your jurisdiction. This varies by state and country. Common grounds include:

Breach of contract: Your employment agreement was violated.
Violation of public policy: You were fired for refusing to commit an illegal act, or for exercising a legal right (e.g., filing a workers' compensation claim).
Discrimination: You were terminated based on protected characteristics (age, race, religion, gender, disability, etc.).
Retaliation: You were fired for reporting illegal activity or whistleblowing.
Bad faith: Your employer acted dishonestly or unfairly during the termination process.

What to Include in Your Wrongful Termination Letter

Your letter should clearly and concisely state your case. Here's a structured approach:

1. Your Contact Information

Begin with your full name, address, phone number, and email address. Date the letter.

2. Recipient's Contact Information

Include the name, title, and address of the recipient (usually your former employer's HR department or legal counsel).

3. Subject Line: Formal and to the Point

Use a clear subject line, such as: "Wrongful Termination Claim – [Your Name]"

4. Opening Statement: State Your Case Concisely

Briefly state that you are writing to formally assert a claim of wrongful termination. Mention your employment dates and position.

Example: "This letter serves as formal notification that I believe my termination on [Date] from [Company Name] constitutes wrongful termination."

5. Detailed Account of the Termination

Describe the circumstances surrounding your termination. Be factual and avoid emotional language. Include:

The date and manner of your termination.
The reasons given for your termination.
Any inconsistencies or contradictions in the reasons provided.
Documentation supporting your claims (e.g., performance reviews, emails, witness statements).

Example: "I was terminated on [Date] with [Reason Provided]. However, this reason contradicts my consistently positive performance reviews, evidenced by [Attach Performance Reviews]."

6. Legal Basis for Your Claim

Explain why you believe your termination was wrongful. Clearly state the specific legal basis for your claim (breach of contract, discrimination, etc.). Reference specific laws or clauses if applicable.

Example: "My termination is a clear violation of the implied covenant of good faith and fair dealing, as established by [State Law/Case Law]."

7. Demand for Resolution

State your desired resolution. This could include reinstatement, back pay, compensation for emotional distress, or other damages. Be specific and realistic in your demands.

Example: "I request immediate reinstatement to my previous position and full back pay from the date of my wrongful termination, [Date], plus compensation for emotional distress caused by this unlawful action."

8. Closing Statement: Professional and Assertive

Reiterate your claim and your desire for a fair and equitable resolution. Express your willingness to engage in further discussion or legal proceedings if necessary.

9. Legal Counsel: Important Note

Clearly state that you have retained legal counsel (if applicable). Include the attorney's contact information. This adds weight to your claim.

10. Formal Closing

Close with a professional closing, such as "Sincerely," or "Respectfully," followed by your signature and typed name.

Example Wrongful Termination Letter Snippet

"This letter serves as formal notification that I believe my termination on October 26, 2023, from Acme Corporation constitutes wrongful termination. I was informed my termination was due to 'performance issues,' a claim directly contradicted by my consistently positive performance reviews over the past five years (attached). This inconsistent rationale, coupled with the fact that I was terminated shortly after reporting workplace safety violations, suggests retaliatory action under [State Law on Whistleblower Protection]."

After Sending Your Letter

Keep copies of your letter and all supporting documentation. Consult with an employment lawyer to discuss your options and proceed strategically. They can advise you on the best course of action, considering the specifics of your situation and local laws. This letter is a crucial first step, but legal guidance is essential for navigating the complexities of wrongful termination claims.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. You should consult with an attorney to discuss your specific situation and legal rights.