Has anyone ever hired a lawyer to sue their employer for wrongful termination?

31 Comments

1. AnonymousFebruary 9,2024 at 1:27PM UTC

   I haven't sued, but best advice I can give you (from HR perspective) is to document everything, because I can guarantee you they are.

2. Ava WestFebruary 9,2024 at 1:33PM UTC

   It's really hard to prove wrongful termination. You have the burden of proving the reason behind the writeups or other adverse action taken against you was based on discrimination as described in Title VII.

3. AnonymousFebruary 9,2024 at 4:14PM UTC

   Unless its based on discrimination (age, gender, disability) There is no law for abuse yet. But will be soon i hope. I spoke to a law firm and that's what they told me about discrimination. The state that i live in has At will employment as many other states in US. Yes you can directly take the matter with HR if you have documented evidence and request a department change.

4. AnonymousFebruary 9,2024 at 4:17PM UTC

   Unless if it is discrimination there is no law yet. You can complain to HR if you have all evidences documented. Ask for a department change. I have spoken to law firms and they cant do much unless its age/gender/protected class etc related.

5. AnonymousFebruary 9,2024 at 5:36PM UTC

   Yes here is the advice, start documenting everything save copies of your work calendar and an emails, documents etc. Be clear that the path will be long and most companies force these things if they happen into mediation vs court. One person I worked with it took them 3 years to solve their issue and they were terminated during cancer treatment. So think long and hard about trying to solve things in a different way if you can because the lawyer will get ~30-50$ of what you get if it goes to mediation or trial and if not they charge hourly 3-500 per hour and on top expenses like travel etc. Suing is not cheap for the suer and if you win then you have to collect and that takes time too. Also if you are in at at-will state you have to have some fairly significant documentation for it to go forward.

6. AnonymousFebruary 10,2024 at 3:23PM UTC

   Yes and it is a long process. Ensure you have all your documentation-conversations, performance reviews, witnesses, etc. Wrongful termination isn't "difficult" to prove if you have your facts and dates straight. It isn't just about racism, sexism & hostile environments. It can be retaliation for something said to a manager or for whistle blowing over illegal practices in which a company engages. There are good lawyers out there who won't gouge you on pricing, but you will most likely put up an initial retainer to get the process started ($1200-$5000) and then pay for the filing if they don't settle and you're going to court ($5000). A lot of things can impact where the court case is heard if your employer has an HQ in another state. Settlements are often not goldmines. Lawyers take up to 30-35% of the final settlement. One thing to keep in mind is that once you are going to court, it is public record. So, potential future employers can google you and it will pop up.You will relive the trauma of wrongful termination during the process. For me, it was worth it because what they did was so egregious. Interview lawyers and ensure you feel good about who you hire. There are plenty out there who will take your money and not work hard for you.

7. Ava WestFebruary 10,2024 at 9:37PM UTC

   This is helpful info. I was under the impression that for retaliation, it was only applicable if you had filed a charge or participated in whistleblowing. If it's retaliation for something said to a manager, then I definitely should have sought out legal counsel. Matter of fact, I signed the severance and was told I had to sign each page and then submit it. I asked 8 days after signing, if I could revoke, since it was still within the 21 day time line, and was told I could not. The contract was now executed.

8. AnonymousFebruary 11,2024 at 3:23PM UTC

   Never sign anything without having a lawyer review it.

9. AnonymousFebruary 10,2024 at 3:26PM UTC

   Oh also, go over your letter offer again to see if you signed an arbitration form. I just did that for a new job. If you did, you may not be able to get a lawyer, but I hope you didn't. Arbitration could be easier, but not if the arbitrator has the interest of the company over you. I'd suggest looking over your contract again if you're not sure. But yes, go girl, go sue!

10. AnonymousFebruary 11,2024 at 9:01PM UTC

    I did not sign an arbitration clause.

11. AnonymousFebruary 10,2024 at 4:46PM UTC

    9 out of 10 times, we all feel that we were wrongfully terminated. However, most states are "at will employment" states, so as others have said, unless you've got solid documentation/proof that you're being fired based on actual discrimination, you probably wouldn't find a lawyer to take your case, let alone win your case.

12. AnonymousFebruary 10,2024 at 7:32PM UTC

    People are OFTEN wrongfully terminated. They don't have the funds to pursue a case. This "at will" stuff about anyone can do whatever they want for any reason because it's an at will state is simply not true. I work in an at will state and over the course of a 35 year career had the unfortunate experience of lawyering up after wrongful terminations. I won both cases. There are plenty of unscrupulous lawyers out there who will take the case because they want that retainer money and when things go south, they say sorry, that's the way it is. I was fortunate to connect with 2 lawyers who were upset about what happened to me, knew the laws and helped me get my vindication.

13. AnonymousFebruary 10,2024 at 9:29PM UTC

    Really? I too, know that I was improperly terminated. A day after turning in a Drs note for being out for 3 days, and sending her pictures of the rash that was later determined to be a shingles virus. The manager also knew of my disability and then after terminating me for performance, without a single piece of evidence showing I had been warned. A month after my mother in law passed away and 2 weeks after my spouse was laid off. I signed away my rights to accept the severance, because I figured it was pointless. Now, I am starting to regret that decision since it's been 6 months without anymore than a phone interview and about to lose our house we purchased.

    Everything started to turn sour when our CHRO was fired less than a month after I started. Then my former manager (VP of HR) was fired 8 months later. There was no internal or external job posting but suddenly an HR Director at one is the businesses owned by the corporate office, just took over and then she put her Generalist as my manager, with no communication to anyone.

    I felt that was just bizarre and questioned it, ultimately to my detriment. And I went from making 6 figures working remotely to now about to lose everything. The at will is really to protect the employer in my opinion. Why even bother having HR if they aren't going to post jobs they should be required to post and then submit AA plans with data omitted.

    I shouldn't be surprised they would terminate me without having any basis whatsoever to prove my performance was an issue.

14. AnonymousFebruary 11,2024 at 8:58PM UTC

    If I have to go to a lawyer please provide any suggestions to help win the case?

15. GirlBossanova934974February 11,2024 at 2:22PM UTC

    In June of 2022, I won a 6 figure settlement from a formal employer for age discrimination. It can be done but you have to have ALL YOUR WRITTEN documents in order. Make sure everything is in writing. The process can drag out for 6-24 months depending on the state you live in. You can avoid a long drawn out process by having your lawyer send over a demand letter to the employer at the start of the process. The vast majority of the time, the employer will raise the severance offer by 2-3 times to maybe the $15-$35K range without a lot of work. UNLESS you have a really compelling case, that may be your best option. Right to Work does NOT affect us. Companies know how expensive these lawsuits can be. Just the legal fees on the employer side for a 2 year legal fight can reach $50-$100K.

16. Christi LopezFebruary 15,2024 at 1:39PM UTC

    Cannot emphasize enough the need to document and organize EVERYTHING.

17. AnonymousFebruary 11,2024 at 4:11PM UTC

    I sued my employer for wrongful termination after having worked there for 25 faithful years. I lost the case, was required to pay back all the unemployment I had received, and had all the attorneys fees to pay. It was all very traumatizing and financially draining. I do not recommend it.

18. AnonymousFebruary 11,2024 at 7:56PM UTC

    That is terrible and I'm sorry that happened to you, but if that employer also fought you receiving unemployment, they must have had a pretty good reason for dismissal. Or, you had an attorney that shouldn't have taken the case. Fighting someone's unemployment is rare on an employer's part unless 1. they are the scum of the earth 2. they have facts that prove the employee did something very wrong (theft, falsifying documents, etc.--not saying you did any of that).

19. AnonymousFebruary 11,2024 at 6:17PM UTC

    Are you in a right to work state? If you are not sure, find out the answer to this before going forward. If you're in a right to work state, "wrongful termination" can be very difficult to prove. For your other questions, this depends on the lawyer and the state. you are in (I assume you are in the US), so you should consult with an employment attorney for the answers to those questions.

20. AnonymousFebruary 12,2024 at 2:12AM UTC

    One time I asked all the lawyers I knew about some employment-related issues and they all said that they worked for firms that represented generally represented the employer and not the employee. But if you can find someone, go for it

21. AnonymousFebruary 12,2024 at 5:27PM UTC

    I did find a lawyer who represents the employee. I know many employment lawyers represent the employer.

22. Krystin MorganFebruary 13,2024 at 5:38AM UTC

    Unfortunately, since most states in the US have "at-will employment," you can be terminated for nearly any reason at any time. Of course there are reasons it's illegal to terminate someone, but those are generally going to be related to discrimination based on a protected class, whistleblowing, etc. While it's absolutely wrong for your manager to create a false narrative, chances are it wouldn't be worth the time, expense, and mental stress to try and pursue a lawsuit.

23. AnonymousFebruary 13,2024 at 2:17PM UTC

    I didn’t sue but I did hire a lawyer, which I found to be incredibly helpful. They were able to give me advice on how to document, what words to use, etc. I think I paid my attorney $2500 but I was able to get a full retirement package and I didn’t have to sue, which would have been a long process. You have to decide what you are doing it for because it will take a lot of mental energy and it can be a long process. Sometimes it’s better to find a way to move on. You may want to consult with an attorney to see if they think you have a case. Until then, document everything, keep everything off of your work computer, and be careful about what you say to coworkers. Good luck!

24. AnonymousFebruary 14,2024 at 3:20PM UTC

    I just went through something like this. HR seemed to listen to me and my boss got in trouble. However, my boss just got smarter and focused else where to write me up. Lie or not it didn't matter. I was fired in the end because my boss wanted me gone. I called a few lawyers but all the lawyers want cases of discrimination. My advice is prepare to move on to a new job. I should have.

25. Kelly SnyderFebruary 15,2024 at 1:17PM UTC

    It’s worth consulting with a lawyer to see if you have a case. That’s what I’d recommend. If you’re in California I recommend RISE Law Firm.

26. AnonymousFebruary 15,2024 at 1:36PM UTC

    Yes contact an employment lawyer ASAP. They get a percentage only if you win. Keep a journey of dates times, conversations, emails, employment history etc. do not sign anything and if they push papers in front of you. Let them fire you don’t resign. They will try to push you into it. He is hoping he will push you to resign!! You can get unemployment if you appeal and they do not have a bonified reason for termination. I went through basically the same thing a year ago. I got a settlement, not large but something. I just wanted them slapped!!! Good luck!

27. AnonymousFebruary 15,2024 at 5:07PM UTC

    Yes, if you have a case a lawyer will take it. They typically take 30% of whatever you win. Typically, the case will settle out of court (meaning there will be negotiation back and forth between your lawyer and theirs, and both parties will settle on an amount). You may also want to be prepared to go through arbitration. Check your employment agreement to see if it says anything about arbitration.

28. MislynFebruary 15,2024 at 6:22PM UTC

    Finding a last to take the case will be had and expensive. They will take a large percentage of what you would get so usually not worth it.

29. AnonymousFebruary 15,2024 at 9:30PM UTC

    Same. Couldn’t find attorney to take case (age discrimination). Have case with Cal Civil Rights Dept - ongoing - no cost.

30. NPWFebruary 15,2024 at 10:20PM UTC

    My advice is to keep good copies and records including dates/times of occurences and email it to your personal email. Seek legal advice now to see where you stand. No harm in checking where you stand legally or not. An attorney will let you know if you have a case. If you decide to retain the attorney, he/she can also help you on your rebuttal to the false accusation. I am in the middle of suing my former employer for wrongful termination now. You will have to pay a retainer fee and just know if you do sue the company, they will try to discourage you and draw it out so long to make you give up.

31. johnson manilaJanuary 23,2026 at 1:12PM UTC
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