What You Need to Know About Writing a Letter of Appeal for Wrongful Termination
Wrongful termination, also known as wrongful dismissal or wrongful discharge, is when an employer terminates an employee’s employment contract. Here’s everything you need to know about writing an appeal for wrongful termination.
A wrongful termination violates one or more employment contract conditions or a legislative provision or rule in employment law.
What qualifies as wrongful termination?
All of the following qualifies as wrongful termination:
- An employee loses their job for illegal reasons, such as discrimination based on a protected category;
- An employee loses their job in violation of public policy; or
- An employee loses their job in violation of company policy.
What is a letter of appeal?
A letter of appeal, also known as a letter of grievance, dispute, or complaint, is an official document, a letter addressed to your ex-employer, informing them about your disagreement with your employment termination.
Related: How to Sue Your Employer for Pain and Suffering
How to write a letter of appeal?
1. Prepare for your letter
First, you must understand and determine what policies your employer violated during your termination. Then, you must collect evidence and note any incidents proving wrongful termination. Lastly, some states require a termination letter in wrongful termination cases, so request one from your employer.
2. Write the letter
First, address the letter to one of the following people from your place of employment:
- The human resources (HR) department
- Your supervisor/manager
- The person who fired or let you go
Next, detail the events of your termination, including the following information:The date and time you were let go
- The reason you received for your termination
- The name and position of the person who terminated you
Explain why you disagree with termination and include the following information:
- The reason you believe you were let go
- Any contract or policy provisions the employer violated
- Note any incidents indicating your termination for a prohibited reason
3. Give a time frame for response.
Request your employer’s answer within a certain time frame. Thirty days is a reasonable amount of time. If your employer does not answer, indicate that you will consider taking more serious action. Make no threats about particular activities you’ll take. It’s easy to blur the line between describing the legal consequences of not responding and threatening coercion or extortion.
You must attach proof of the unjust termination. You should include any papers mentioned in the body of your letter as copies. If you have originals or copies, do not send them. You may require your copies at a later time.
Related: The Ultimate Employee Guide to Nondisclosure Agreements
Lastly, sign your letter.
Sign your letter in ink with the name in your employee file.
3. Send your letter and follow up with it.
You should use certified mail to send the letter with the return receipt requested. Employees can take their letters to a US Post Office in their area. The postmaster will assist you in filling out the card. You’ll need to bring your address and the employer’s address.
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