The first step in filing a suit for wrongful termination is for the individual to establish that he was wrongly fired according to the terms of his employment contract, advises The Law Dictionary. The plaintiff should then collect supporting documentation and file a complaint with the Equal Employment Opportunity Commission.
Some employees are unknowingly under an "at will" contract, which means that either party can terminate the relationship at any time without repercussions, states The Law Dictionary. If an employee has signed a contract and was not terminated according to the terms outlined in the agreement, they may be eligible to file a complaint.
In order to ensure a successful suit, plaintiffs need to collect as much documentation as possible that proves that they were meeting their obligations under the employment contract. A time-line of events, copies of emails, memos, and the names of other parties who were privy to key events should be complied and organized, according to The Law Dictionary, in order to provide irrefutable evidence of wrongful termination.
Once all relevant information has been collected, the plaintiff can file a formal complaint with the EEOC. While it is not necessary to hire an lawyer, it is helpful to have an expert to help navigate the legal system, file paperwork and meet important deadlines, suggests The Law Dictionary.