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Process
Our litigation process begins with a detailed case assessment, reviewing employment contracts, termination documentation, and communications to identify potential violations of statutes like Title VII of the Civil Rights Act or the Age Discrimination in Employment Act. We then develop a strategy, which may involve filing a charge with the EEOC—a mandatory step for most discrimination claims, with a 180-day filing deadline from the date of termination. Listed attorneys prepare for litigation, managing discovery, depositions, and motion practice. We also explore settlement negotiations, as a significant percentage of employment cases resolve before trial. For a deeper understanding of your rights, we recommend reviewing our guide on what to do when you get fired.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Case Assessment Timeline | 1-2 weeks |
| EEOC Charge Filing Deadline | 180 days (generally) |
| Common Case Types | Discrimination, Retaliation, Breach of Contract |
| Initial Legal Strategy Phase | 2-4 weeks |
Local Considerations — USA
Wrongful dismissal law varies significantly across the United States, primarily between federal statutes and state-specific regulations. For instance, at-will employment is the default in most states, but exceptions and stronger protections exist in others. Certain industries and regions, like the tech sector in San Francisco or finance in New York, may see higher incidences of specific claims, such as whistleblower retaliation or discrimination. Our national practice is structured to navigate this complex federalist system, with attorneys knowledgeable in both overarching federal law and key state variations, ensuring tailored counsel whether a client is in a major hub like Boston or elsewhere in the country.
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Standards & Compliance
- Title VII of the Civil Rights Act of 1964
- Age Discrimination in Employment Act (ADEA)
- Americans with Disabilities Act (ADA)
- State-Specific Wrongful Termination Laws
Frequently Asked Questions
What is the first step in a wrongful termination case?
The first step is typically an internal review of your termination circumstances and documentation. For claims involving discrimination, harassment, or retaliation, you must usually file a charge with the Equal Employment Opportunity Commission (EEOC) or a similar state agency before you can file a lawsuit in court.
How long does a wrongful dismissal lawsuit take?
The timeline varies widely. The administrative EEOC process can take several months. If a lawsuit is filed, litigation can take one to three years or more, depending on court schedules, case complexity, and whether a settlement is reached during the process.
What evidence is needed to support a wrongful termination claim?
Strong evidence includes your employment contract, employee handbook, performance reviews, termination notice, and any written or recorded communications related to your firing. Evidence of discriminatory remarks, comparator treatment of other employees, or retaliation for protected activities is crucial.
How much does suing for wrongful dismissal cost in the USA?
Legal fees depend on case complexity, jurisdiction, and whether the attorney works on contingency, hourly, or a hybrid basis. Contingency fees are common, where the attorney receives a percentage of any recovery. We provide a clear fee structure after an initial case assessment. For specific budgetary planning, we recommend requesting a detailed proposal.