If you’ve just lost your job under suspicious or unfair circumstances, it’s completely normal to feel overwhelmed. Anger, confusion, and even panic can take over. But how you respond in the hours and days after a potential wrongful termination can have a major impact on your ability to protect your rights—and possibly take legal action.
Unfortunately, many employees make missteps early on that end up hurting their chances of a successful wrongful termination claim. In this post, we’ll walk through the top mistakes to avoid if you believe you’ve been wrongfully terminated, so you can move forward strategically.
1. Reacting Emotionally in the Moment
Getting fired—especially unfairly—can feel like a gut punch. But reacting with anger or making emotional statements in the heat of the moment can backfire.
Avoid:
- Yelling, threatening legal action on the spot, or accusing managers of discrimination before you have the facts.
- Posting about your termination on social media.
Instead, remain calm, take note of what’s said during the termination meeting, and leave professionally. You’ll have time to pursue your rights later—with a clear head and proper documentation.
2. Signing a Severance Agreement Too Quickly
Many employers present terminated employees with severance packages that include a release of claims—which means if you sign, you may be giving up your right to sue for wrongful termination.
Before signing anything:
- Read every word carefully.
- Don’t feel pressured to sign on the spot.
- Consult with an employment attorney to make sure you understand what you’re giving up—and whether the offer is fair.
You may have more leverage than you think, especially if your firing was potentially unlawful.
3. Failing to Document What Happened
A strong wrongful termination case is built on evidence, not just belief or opinion. That’s why it’s critical to document everything as soon as possible.
Don’t assume you’ll remember the details later. Instead:
- Write down a timeline of events leading up to your termination.
- Save emails, performance reviews, HR communications, and any relevant policies or handbooks.
- Make note of any comments that might suggest discrimination or retaliation.
Even small details can support your case down the line.
4. Ignoring Filing Deadlines
Most wrongful termination claims are subject to strict deadlines—called statutes of limitations. For example:
- Discrimination or retaliation claims typically must be filed with the EEOC within 180 or 300 days, depending on your state.
- Other state law claims may have deadlines as short as one year.
Missing these deadlines can permanently prevent you from taking legal action, so don’t wait too long to talk to a lawyer or file a complaint.
5. Assuming “Unfair” Means “Illegal”
Not every unfair or unjust firing is considered wrongful termination under the law.
For example, it’s usually not illegal for an employer to fire someone because:
- They don’t like your personality
- They want to hire someone cheaper
- You had a conflict with your manager
It is illegal to fire someone due to discrimination, retaliation, medical leave, or whistleblowing. A qualified employment attorney can help you determine whether your situation crosses that line.
6. Forgetting to Apply for Unemployment Benefits
Even if you were fired, you may still qualify for unemployment benefits—especially if your employer didn’t have a valid, documented reason.
Don’t let your employer scare you into thinking you’re automatically ineligible. File a claim with your state’s unemployment office. If they deny your claim, you can usually appeal.
And if your employer contests your benefits, that might be a sign they’re trying to hide or justify a wrongful firing.
7. Talking Openly About the Case
It’s tempting to vent to coworkers or friends, especially if you feel wronged. But anything you say—especially online—could come back to haunt you.
Avoid:
- Public posts about your employer, HR team, or former manager.
- Sharing internal documents with others.
- Discussing legal strategies or advice.
Keep communication about your termination limited to your attorney and close, trusted contacts.
8. Delaying Legal Advice
The biggest mistake many people make? Waiting too long to talk to a lawyer.
Whether you’re unsure if your termination was illegal or already suspect retaliation or discrimination, a consultation with a wrongful termination attorney can provide clarity. They can:
- Review your documentation
- Identify whether your rights were violated
- Help you preserve evidence and meet filing deadlines
- Advise on whether to negotiate, file a complaint, or sue
Most offer free consultations, and many don’t charge unless you win your case.
Final Thoughts
Being wrongfully terminated is a traumatic experience—but you don’t have to go through it alone. Avoiding common missteps now can make a major difference in your ability to protect your rights and hold your employer accountable.
Stay calm, stay organized, and don’t rush into decisions. By taking smart, strategic steps from the start, you give yourself the best chance of turning a bad situation into a just outcome. We recommend wrongful termination lawyers maryland.
