If you kept a copy of your employee manual or have not yet been terminated, read your company’s termination policy. In many states, publishing a set of guidelines or procedures that a company must follow when terminating an employee can constitute an employment contract. If your employer did not follow those procedures or policies, they are likely in breach of contract, and you have grounds for a grievance for wrongful termination.
You belonging to a protected class of people, including people over 40, disabled people, people of either gender, pregnant women, people with certain genetic information, people from a particular national origin, people of a particular race, or people of a particular religion. Your participation in governmental services, including jury duty and military duty Retaliation for whistleblowing activities or making good-faith complaint with government agencies such as the Equal Employment Opportunity Commission or the Department of Labor Wage and Hour Division. (Your employer cannot fire you for telling a government agency about laws your employer is breaking. ) Reasons that are in violation of an employment contract.
Jokes that were made or tolerated by management regarding the protected class of people to which you belong Dates of positive employee reviews with no complaints, letters of reprimand, or other adverse personnel actions. Statements made or tolerated by management negatively stereotyping a protected group to which you belong.
If you have already been terminated, contact the human resources department, your supervisor, or the person who terminated you to request this letter or explanation. Consider whether the reason given is valid. Giving a valid reason for termination when it is not the actual reason for the termination is called pretext. If you can show the reason given was only a pretext to cover-up for terminating you for a prohibited reason, you may still have a valid grievance.
The head of the company’s human resources department Your supervisor The person who terminated you
The date and time you were terminated The reason, if any, you were given for the termination The person who terminated you For example: On April 1, 2015, John Doe called me into his office at 9:30 a. m. He told me I was being let go because of too many absences.
Tell the reason you believe you were terminated Tell any contract or policy provisions that were violated Tell about any incidents that indicate you were terminated for a prohibited reason Discuss any documentation you have that support your position For example: My increased absences were allowed based on the Family Medical Leave Act, and should not have been grounds for termination. I submitted the appropriate paperwork to Jane Doe in Human Resources on February 15, 2015, and as of April 8, 2015, I had only used eight days.
For example: I look forward to hearing back from you by May 15, 2015. If you do not respond, I will seek counsel to determine what further steps I may wish to take.
You don’t want the letter to convey emotion. You are probably angry or hurt about the termination, but you should remove those and other emotions from your letter. Do not call anybody names or make derogatory remarks about the workplace or your co-workers. Stick to the raw facts of what happened. Do not make threats. You should not make any threats to physically retaliate, write bad reviews, tell other people, or even threaten to take legal action. There is a fine line between those types of statements you can and cannot make. Unless you are trained to know where the line between proper statements and coercive or harassing threats is in your area, just make a vague reference that you will consider taking additional steps.
The postmaster will assist you in filling out the card. You will need to have your address and the employer’s address with you.
Some grievance procedures require you and the company attempt to negotiate a resolution in good faith. If yours does, attend any negotiation conferences with the intent of reaching an agreement, but knowing what type of agreement is not reasonable to you. You may want to consult an attorney and/or your union representative prior to these negotiation conferences. An attorney or your union representative can usually help you know what you can reasonable anticipate if your case goes to trial. A negotiated severance package is a common result of these negotiations.
Filing a complaint with a state or federal government agency, such as the Equal Employment Opportunity Commission or the Department of Labor Filing suit in court against your employer