Common Mistakes That Weaken Wrongful Termination Claims
Losing a job can feel like the floor drops out from under you. It’s not just a paycheck that disappears—it’s routine, stability, and often a sense of dignity. When the termination feels unfair or retaliatory, that emotional hit can turn into anger, worry, and a deep need for answers.
At James S. Brewer Attorney at Law, we help clients with employment law matters in Berlin, Connecticut, as well as Hartford, New Haven, Bridgeport, and beyond. We’ve seen how easily good claims can be weakened by a few common missteps. Reach out to us and talk through what happened before time and doubt make it harder to move forward.
Waiting Too Long to Take Action
Time is rarely on an employee’s side after a termination. Shock, embarrassment, or a hope that the employer will “fix it” can lead people to pause. That pause can be costly.
Many wrongful termination claims have strict deadlines. Some are measured in weeks, not years. When those dates pass, even a strong case can lose its bite. Evidence also fades fast. Emails get deleted, witnesses move on, and memories blur. Here are some of the most common ways delay causes trouble:
Missing filing deadlines: Different claims—such as discrimination, retaliation, or whistleblower actions—often require notice to a state or federal agency before a lawsuit can even begin. Waiting too long can close that door.
Losing access to proof: Work accounts get shut down, documents disappear, and phone records become harder to retrieve. What felt “safe to gather later” may be gone for good.
Giving the employer time to shape the story: The longer the gap, the more time a company has to line up statements and paperwork that make the firing look routine or justified.
Letting witnesses drift away: Co-workers may change jobs, move, or simply forget details that once seemed obvious.
Acting quickly doesn’t mean rushing into a lawsuit. It means getting advice early so options stay open. When people come to us soon after a wrongful termination, we can help them determine which steps make sense and which deadlines matter most.
Saying Too Much to the Wrong People
After being fired, it’s natural to want to vent. Friends, former co-workers, and family may hear the whole story within hours. While emotional support matters, loose talk can quietly hurt a potential case. Anything you say—especially in writing—can later be used to challenge your version of events, including texts, emails, or posts that feel harmless in the moment.
Conversations with co-workers can be risky, since someone who seems supportive now may later speak for the company. Social media posts can also be twisted to suggest you weren’t truly upset or that you chose to leave.
Even talking to management or HR can backfire if your words are later framed as admissions. This doesn’t mean you have to stay silent—it just means choosing your audience carefully and keeping discussions focused. A little caution early on can prevent a lot of damage later.
Failing to Gather and Protect Evidence
Wrongful termination claims live or die on proof. Many people assume that because the employer “has all the records,” the truth will come out on its own. That’s rarely how it plays out.
From performance reviews to text messages, the small pieces often matter most. If they’re not saved, they can’t help you. Here are common evidence mistakes that weaken otherwise solid claims:
Not saving digital records: Once your access to work systems is cut off, emails, calendars, and internal messages may be out of reach. If you have lawful access before that happens, saving copies can be critical.
Throwing away paper documents: Offer letters, handbooks, write-ups, and pay stubs can all help show patterns of behavior or broken promises.
Relying only on memory: Memories can fade over time. Documenting a timeline of events while they’re still fresh helps ensure your statements remain consistent and credible later on.
Ignoring witness information: Names and contact details of co-workers who saw or heard key events can be hard to track down later.
Collecting evidence doesn’t mean taking things you’re not allowed to take or breaking company rules. It means preserving what you already have lawful access to and making notes about what exists. When clients come to us with organized information, we can more clearly show how the firing connects to unlawful motives or actions.
Mixing Up a Bad Firing With an Illegal One
Not every unfair or hurtful termination breaks the law, and that’s one of the hardest truths to accept—especially when it feels personal. Being fired for petty or even cruel reasons can still be legal. Wrongful termination claims usually need a specific legal hook, such as discrimination, retaliation, or punishment for protected activity.
Employers often point to performance, but sometimes that’s just a cover for an illegal motive. Many workers are also surprised to learn they’re “at-will,” meaning they can be fired for almost any reason as long as it isn’t illegal. Personality conflicts or being labeled “not a good fit” usually aren’t enough.
Determining if a termination violates the law requires a thorough examination of the facts. Consulting an experienced wrongful termination attorney can clarify whether legal action is viable and what steps to take next.
Accepting a Severance Agreement Without Understanding Its Impact
When a termination comes with a severance offer, it can feel like a small relief in an otherwise stressful moment. A paycheck, extended benefits, or a promise of a neutral reference may seem like a fair trade for moving on. But many employees don’t realize that severance agreements often come with legal strings attached.
In many cases, accepting severance means signing away important rights. This may include waiving the ability to file a wrongful termination, discrimination, or retaliation claim. Once that signature is on the page, reversing course can be extremely difficult—sometimes impossible.
Common mistakes in this situation include:
Signing under pressure: Employers may push for quick decisions, knowing employees are financially and emotionally vulnerable.
Not reading the fine print: Waiver language is often buried in dense legal wording that quietly limits future options.
Assuming severance is required: In many situations, employers are not legally required to offer severance at all, which means the agreement is often negotiable.
Believing it’s “just paperwork”: Even simple-looking forms can have long-term legal consequences.
A severance offer should never be treated as routine. It’s a legal document that can reshape your entire case. Taking time to review it with a wrongful termination attorney can help you understand what you’re giving up—and whether the offer truly serves your interests.
Adding this step of caution can help preserve your ability to hold an employer accountable, rather than unknowingly closing the door on your own claim.
Take Control of Your Wrongful Termination Case Today
Wrongful termination claims are often won or lost long before anyone steps into a courtroom. The choices made in the first days and weeks after a firing can either protect your position or quietly chip away at it.
If you’re in Berlin, Hartford, New Haven, Bridgeport, or anywhere else in Connecticut and you think your termination may have crossed a legal line, it’s worth getting clear guidance sooner rather than later. At James S. Brewer Attorney at Law, we help people look at what happened, spot the risks, and take steps that keep their options alive. Reach out to our firm to discuss your case and the next steps.