Can I sue my employer for wrongful termination based on the contents of my termination letter?

I recently received a termination letter from my employer, which stated that I was being let go due to poor performance. However, I strongly believe that this is not true and that the real reason for my termination is discrimination based on my race. The termination letter contains several statements that I believe are false and misleading. Can I sue my employer for wrongful termination based on the contents of this termination letter?

Merry K.

ContractsCounsel verified

Business Lawyer

Licensed in Washington

Free Consultation

5.0 (18)

Member Since:
July 26, 2023

I am so very sorry to hear about your termination. One can always sue; the question is whether one can win. The content of the letter would be used as one piece of evidence; you would need to provide as much evidence as possible to win a case (or to even convince the employer to settle with you). Some of these other pieces of evidence would include such things as the performance and discipline of colleagues who are of a different race than you; evidence that demonstrates your performance was no worse than colleagues who weren't terminated; testimony from colleagues, and etc. In addition, a court would look at things such as how long you had been on the job when compared with other employees who were not fired; whether you and the colleagues used for comparison had the same/similar jobs or not; etc. If you employer has at least eight employees, you can file a complaint at no charge with the Washington State Human Rights Commission here: https://www.hum.wa.gov/file-complaint This neutral state agency will file a complaint on your behalf at the same time with the federal EEOC (which has been gutted) and HRC will conduct a neutral investigation and also try to help you settle with the employer. You can skip the State HRC and go straight to state court, but this would be challenging to do without an attorney representing you - and you'll only find an attorney to represent you if you convince him or her that you have an excellent case. I also want you to know that Tacoma, Seattle, Spokane, and King County have their own discrimination agencies, so if you were working in one of those places, you can contact the appropriate agency for help. I hope that helps. I have a long background in discrimination law, and worked at the HRC three times, and was also a City of Tacoma Human Rights Commissioner.