What to do if you feel you have been wrongly terminated

What to Do If You Believe You've Been Wrongfully Terminated: A Guide for Tech Employees

LEGAL DISCLAIMER: This article is for informational purposes only and does not constitute legal advice. Every situation is unique, and employment laws vary significantly by location. If you believe you have been wrongfully terminated, you should consult with a qualified employment attorney who can evaluate the specific circumstances of your case and provide personalized guidance. Time is often of the essence in employment matters, so seeking professional legal counsel promptly is strongly recommended.

Understanding Wrongful Termination

Being terminated from your job can be a deeply distressing experience, particularly when you believe the termination was unfair or illegal. In the tech industry, where rapid changes and restructuring are common, understanding your rights is crucial.

Most employment in the United States is "at-will," meaning employers can terminate employees at any time for almost any reason—or for no stated reason at all. However, there are important exceptions to at-will employment that may constitute wrongful termination:

• Discrimination: Termination based on protected characteristics such as race, color, national origin, religion, sex (including pregnancy, sexual orientation, or gender identity), age (40 or older), disability, or genetic information.

• Retaliation: Being fired for engaging in legally protected activities such as filing a complaint about discrimination, reporting illegal conduct (whistleblowing), taking family or medical leave, or refusing to perform illegal acts.

• Contract violations: Termination that breaches written employment contracts, collective bargaining agreements, or implied contracts created through company handbooks or policies.

• Public policy violations: Termination that violates established public policy, such as firing someone for serving on jury duty or filing a workers' compensation claim.

Immediate Steps to Take

If you believe you've been wrongfully terminated, taking prompt and strategic action is essential:

1. Document Everything

Start documenting immediately while details are fresh:

• Write a detailed timeline: Note all relevant interactions leading up to your termination, including dates, times, participants, and what was said.

• Preserve communications: Save all emails, texts, Slack messages, performance reviews, and other relevant documents that may support your case.

• Record the termination meeting: Write down who was present, what was said, and the reasons given for your termination.

• Gather evidence: Collect documentation that contradicts the stated reason for your termination or demonstrates discriminatory treatment.

2. Request a Written Explanation

If not already provided, formally request a written explanation for your termination. In some states, employers are legally required to provide this upon request.

3. Review Company Policies and Your Employment Contract

Carefully review:

• Your employment contract

• Employee handbook

• Severance policies

• Arbitration agreements

• Non-compete clauses

• Company policies on termination procedures

Look for any procedural requirements that might not have been followed or provisions that might protect you.

4. Consider Your Severance Package

If offered a severance package:

• Don't sign immediately: Severance agreements often include waivers of your right to sue the company.

• Negotiate: Many aspects of severance packages are negotiable, especially in tech where severance terms can vary widely.

• Understand what you're signing: Have an attorney review before signing any documents.

Consulting with an Employment Attorney

An employment attorney can:

• Evaluate the strength of your case

• Explain your legal options

• Help calculate potential damages

• Negotiate with your former employer

• Represent you in legal proceedings if necessary

When selecting an attorney:

• Look for specialists in employment law with experience in tech industry cases

• Ask about their experience with similar cases

• Inquire about fee structures (hourly, contingency, etc.)

• Request an initial consultation to discuss your situation

Filing a Complaint with Government Agencies

Before filing a lawsuit, you may need to file a charge with the appropriate government agency:

• Equal Employment Opportunity Commission (EEOC): For discrimination claims based on protected characteristics.

• Department of Labor (DOL): For wage and hour violations or certain benefit issues.

• State agencies: Many states have their own fair employment practices agencies.

Important considerations:

• Strict deadlines apply: In most cases, you must file with the EEOC within 180 days of the termination (extended to 300 days in states with their own anti-discrimination laws).

• "Right to sue" letter: For discrimination claims, you'll need to obtain a "right to sue" letter from the EEOC before proceeding to court.

Tech Industry-Specific Considerations

The tech industry has unique characteristics that may affect wrongful termination cases:

Equity Compensation

If your compensation included stock options or RSUs:

• Review vesting schedules and post-termination exercise periods

• Understand how termination affects unvested equity

• Negotiate for acceleration of vesting or extended exercise periods

Intellectual Property

Be mindful of:

• Non-compete agreements and their enforceability in your state

• Non-disclosure agreements that may affect your next role

• IP assignment provisions that might impact your future work

Remote Work Complications

With increased remote work:

• Jurisdiction questions may arise (which state's laws apply?)

• Documentation of performance may be different than in-office roles

• Different standards might apply for monitoring and evaluation

Practical Considerations and Self-Care

While pursuing legal remedies:

Financial Planning

• Apply for unemployment benefits immediately (wrongful termination generally doesn't disqualify you)

• Create a budget accounting for potentially reduced income

• Review health insurance options (COBRA, marketplace plans, spouse's plan)

Career Management

• Consider how to explain the gap in employment

• Decide what to tell prospective employers

• Network strategically while respecting any legal constraints

Emotional Well-being

• Seek support from friends, family, or mental health professionals

• Join support groups for those experiencing job loss

• Practice self-care and stress management techniques

Moving Forward

Whether or not you pursue legal action:

• Learn from the experience: Reflect on what happened and what you can learn from it.

• Update your portfolio: Ensure your achievements are well-documented for future opportunities.

• Stay professional: Avoid burning bridges or speaking negatively about your former employer, especially on social media.

• Focus on growth: Use this transition as an opportunity to reassess your career goals.

Conclusion

Wrongful termination cases can be complex, emotionally taxing, and time-sensitive. While this guide provides a starting point, remember that each situation is unique. Consulting with a qualified employment attorney is the most important step you can take to protect your rights and interests.

Your career in tech is valuable, and so are your legal rights. By taking strategic action, documenting carefully, and seeking appropriate professional guidance, you can navigate this challenging situation and move forward toward your next opportunity.

Resources

• Equal Employment Opportunity Commission: www.eeoc.gov

• Department of Labor: www.dol.gov

• American Bar Association's Lawyer Referral Service: www.findlegalhelp.org

• State-specific labor departments and fair employment practices agencies