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Maine does not have a law against wrongful termination and Maine courts will not review an employer's personnel decision to determine whether it was right or wrong, fair or unfair. However, in some cases, wrongful termination can be used as evidence of an unlawful, discriminatory motive.
Give details about your dispute. 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.
When you send a letter regarding wrongful termination, you should stay calm, professional, and be factual. Don't give opinions or assumptions. Instead, only state what you can prove and what you have supporting evidence for regarding your specific situation.
This letter stated that you fired me for excess absences from work. I believe that your termination of me was in violation of my rights and I would like to be reinstated as soon as possible and to receive compensation for my lost wages.
Seek legal counsel. Seek legal counsel if your employer wrongfully fired you for a reason not under state or federal law. Before you sue your employer for discrimination, you must file a report with the Equal Employment Opportunity Commission (EEOC).
Companies should avoid including harsh language, jokes, emotional statements or too much detail in the termination letter. The tone should be respectful and direct. "Stick to the facts," Dresnin said.
Your employees' personnel files hold valuable information regarding their employment at your company. This data is often used to inform important actions like promotions and layoffs. At worst, it can be used as evidence in legal proceedings brought by a current or former employee.
The kinds of damages you can seek in a wrongful termination case include: Back pay. Front pay. Bonuses and promotions. 401k contributions and other benefits. Out-of-pocket expenses needed to find a new job. Emotional distress.