Filing a Wrongful Termination Lawsuit: Step-by-Step Guide
You were fired, the reason your employer gave does not add up, and now you are wondering whether you can take legal action. Filing a wrongful termination lawsuit is not simply a matter of showing that the firing was unfair. You first need to identify a possible legal violation, preserve evidence, determine whether an agency filing is required, meet the applicable deadlines, and complete any required pre-suit process before filing in court.
At James S. Brewer Attorney at Law, we represent Connecticut employees in employment disputes, including wrongful termination claims. From our Hartford office, we serve clients in Hartford County, New Haven County, Tolland County, Middlesex County, and surrounding communities. We can examine the circumstances surrounding your termination and identify the steps required for the type of claim you may have.
Step 1: Determine Whether Your Firing May Be Illegal
The first step is separating a termination that feels unfair from one that may violate the law. Connecticut generally follows the at-will employment rule, so an employer usually does not need to show good cause before ending an employment relationship. However, at-will employment does not give an employer permission to fire you for a legally prohibited reason.
Depending on the facts, a termination may support a legal claim if it involves:
Discrimination: You were fired because of a characteristic protected by applicable state or federal employment law.
Retaliation: Your employer terminated you because you engaged in legally protected activity, such as making certain discrimination or harassment complaints.
Protected leave: You were terminated for exercising qualifying rights under a law such as the Family and Medical Leave Act (FMLA).
An employment agreement: Your employer terminated you in violation of enforceable contractual terms.
Another protected legal right: The termination resulted from conduct protected by applicable law, such as filing a workers' compensation claim or performing jury service.
The specific legal basis matters because it determines what you must do next, where you may need to file, and which deadlines apply. We can review the events leading to your termination to determine whether they may support a wrongful termination claim.
Step 2: Preserve Evidence Related to Your Termination
Once you suspect that your termination may have been unlawful, preserve the records you already lawfully possess. Evidence created before or around the time of your firing may help establish what your employer said, how you were treated, and whether the stated reason for your termination is consistent with the record.
Relevant material may include:
Performance records: Save evaluations, disciplinary notices, commendations, and other documents showing your employment history.
Emails, texts, and messages: Preserve communications involving your complaints, workplace treatment, disciplinary action, or termination.
Termination documents: Keep any letter, email, or other document stating why your employment ended.
Pay and benefit records: Save records showing your compensation and employment benefits.
Witness information: Record the names and contact information of coworkers or others who witnessed relevant events.
Do not remove confidential company documents or records you are not authorized to possess. The goal is to preserve relevant material that you can lawfully keep, not to obtain additional employer records improperly.
Step 3: Identify the Filing Deadline for Your Claim
Before deciding where to file, determine how much time you have. Wrongful termination is not a single legal claim with one universal statute of limitations. The deadline depends on the law your employer may have violated.
For example, Connecticut employees pursuing certain employment discrimination claims may need to file an administrative complaint within 300 days of the alleged discriminatory act. The Connecticut Commission on Human Rights and Opportunities provides information about its discrimination complaint process and filing requirements.
Other employment claims can follow different deadlines and procedures. That is why identifying the possible legal basis for the termination comes before assuming how much time you have to act.
Step 4: Complete Any Required Administrative Process
Some wrongful termination claims require you to complete an administrative process before you can file a lawsuit in court. Whether this requirement applies depends on the law underlying your claim.
For employment discrimination claims, you may need to file with the Connecticut Commission on Human Rights and Opportunities (CHRO), the U.S. Equal Employment Opportunity Commission (EEOC), or both. The administrative process may include an employer response, investigation, mediation, or other agency proceedings.
For certain federal discrimination claims, you must receive a Notice of Right to Sue from the EEOC before filing in court. Once you receive that notice, you generally have 90 days to file the federal lawsuit. Other employment claims follow different procedures and may not require an EEOC right-to-sue notice.
Identifying these requirements early matters because missing a required administrative step or filing deadline can affect your ability to pursue the claim in court.
Step 5: File the Wrongful Termination Lawsuit
After satisfying any applicable pre-suit requirements, the next step is filing a complaint in the appropriate court. The complaint identifies the parties, sets out the facts supporting your claims, explains the alleged legal violations, and states the relief you are seeking.
Filing the complaint starts the court case, but the employer must also receive legally sufficient notice through service of process. The employer then has an opportunity to respond to the allegations and raise defenses.
The court in which the lawsuit should be filed depends on the claims involved, the parties, and the applicable jurisdictional rules. State-law and federal-law claims may present different filing considerations.
Step 6: Exchange Evidence During Discovery
After the initial pleadings, the case may move into discovery. This is the stage in which each side obtains relevant information and evidence from the other.
Discovery can include exchanging documents, answering written questions, requesting admissions, and taking depositions under oath. Employment records, internal communications, personnel information, testimony, and other evidence may become important during this phase.
Discovery can also test the employer's explanation for the termination. Evidence developed during the case may show whether that explanation is consistent with the employer's records, communications, and treatment of the employee.
Step 7: Address Motions, Settlement, or Trial
A wrongful termination lawsuit does not automatically proceed from discovery directly to a jury trial. Either side may file motions asking the court to decide particular legal issues or, in some circumstances, dispose of claims before trial.
Settlement discussions may also occur during litigation. A settlement can resolve the dispute without a trial, but whether proposed terms are acceptable depends on the evidence, potential remedies, litigation risks, and the terms being offered.
If the parties do not resolve the case and the claims survive any dispositive motions, the case can proceed to trial. Depending on the claims and circumstances, the remaining issues may be decided by a judge or jury.
Discuss Your Wrongful Termination Claim With Us
If you believe your employer fired you illegally, the first practical question is what must happen before a filing deadline expires. At James S. Brewer Attorney at Law, we can review the reason given for your termination, the events leading up to it, and the evidence you have preserved to identify the legal and procedural steps that may apply.
Our firm represents Connecticut employees in wrongful termination and other employment law matters. From our Hartford office, we serve employees in Hartford County, New Haven County, Tolland County, Middlesex County, and surrounding communities. Contact us to discuss your termination and determine the next step.