How to write a complaint letter against an unlawful dismissal decision.

Do you feel you were unfairly dismissed or treated unfairly at work? If your employer violates your employment contract or fails to comply with the law , you have every right to file a complaint against the dismissal decision .

Writing a letter of complaint regarding an unlawful dismissal may sound complicated, but it's actually easier than you think. A well-drafted letter not only helps protect your legal rights but can also open up opportunities to regain your job or receive fair compensation .

In this article, I will guide you step-by-step on how to write an effective, concise, legally sound, and highly persuasive complaint letter .

Part 1: A guide to preparing documents when being unlawfully dismissed.

Step 1: Carefully read the company regulations before filing a complaint.

In reality, many workers often overlook the most important step when wanting to file a complaint: reviewing the company's internal regulations and policies . As a lawyer with over 20 years of experience in labor cases, I've found that this step can determine whether you have a solid legal basis to protect your rights.

Here are some things you should do:

• Review your employee handbook or company regulations : Most businesses have specific guidelines on complaint procedures. If your company requires adherence to a particular internal procedure, you should follow that process before resorting to the court or government agency.

• Carefully read the termination policy : If you still have the policy or haven't been terminated yet, check if the company has a clear policy regarding employee dismissal.

• Check if the company has breached the contract : In many countries, a company's issuance and application of termination procedures is considered part of the employment contract. If the employer fails to comply with these procedures, they have breached the contract , and you have the right to file a complaint against the unlawful dismissal decision .

Having a firm grasp of internal policies will not only help you protect your legal rights but also give you a stronger argument when filing a dismissal complaint or when dealing with lawyers, unions, or government agencies.

Step 2: How to recognize if you have been illegally fired.

Many employees often think that companies can fire them at any time. In reality, it's true that in many cases, employers have the right to terminate a contract without a specific reason. However, the law still clearly stipulates reasons for dismissal , and if a company violates these, the decision may be considered illegal .

Here are some common situations where dismissal is considered illegal:

• Discrimination : You belong to a group of workers who are protected by law, for example:

  • People over 40 years old

  • People with disabilities

  • Pregnant women

  • Individuals with specific genetic information

  • People of a specific gender, race, religion, or nationality

• Public service : You participate in military service , serve as a juror in court , or perform other activities required by the State.

• Retaliation for legitimate reporting or complaint : You report a company's illegal conduct to a government agency (e.g., labor agency, anti-discrimination commission) or report internal misconduct.

• Company breach of employment contract : If the contract specifies conditions for termination that the company fails to comply with, then your dismissal is unlawful.

If you find yourself in one of the above situations, you can absolutely file a complaint about unlawful dismissal to protect your rights.

Step 3: Record specific events as evidence.

If you believe you were dismissed improperly or in violation of company policy, it's crucial to document the details of the incident . This will serve as vital evidence if you wish to file a complaint or lawsuit later.

Things you should do:

• Specify the date, time, and event : Each time the company violates procedures or contracts, record the specific time.

• List the steps the company failed to take : For example, regulations require them to give a warning or record a written warning before firing someone, but they actually ignored it.

• Record evidence of discriminatory behavior or reasons for the ban :

  • Jokes and negative comments related to age, gender, race, religion, or health status that management makes or ignores.

  • The employee received a positive performance review (no reprimands whatsoever), yet was dismissed without cause.

  • Making statements or taking actions that are prejudiced against the group of workers to which you belong.

Keeping complete and objective records will provide you with solid evidence to prove you were unlawfully dismissed and increase your persuasiveness in your complaint letter or when dealing with competent authorities.

Step 4: Gather supporting documents and evidence.

To prove that the company illegally dismissed you , in addition to documenting the incident, you need to proactively keep relevant documents . This will be crucial legal evidence if you file a complaint or initiate legal proceedings.

Some practical notes:

• Keep copies of employee handbooks and company policies : If you are still employed and concerned about being laid off, keep copies of important sections relating to benefits, disciplinary procedures, and termination.

• Maintain personal records : Documents such as employment contracts, performance reviews, commendation letters, or meeting minutes can all become important evidence.

• Be mindful of legality : Only retrieve and copy documents that you have legal permission to access . Unauthorized or unauthorized access to confidential documents could put you at a disadvantage in future disputes.

Thorough preparation of supporting documents will strengthen your claim and give you an advantage when dealing with companies, lawyers, or government agencies.

Step 5: Request the company to provide the termination letter and verify the reason for termination.

When your contract is terminated, you should proactively request a termination letter or at least an official explanation from the company. This is crucial documentation to determine whether the termination was legal.

Some practical experiences:

• Request a written termination letter : In some countries or localities, the law requires companies to issue one. If your workplace doesn't require it, you can still request one. In the worst-case scenario, they might simply refuse.

• Ask for the reason directly : If you haven't received a termination letter, ask the person who informed you for the specific reason.

• Contacting them after being fired : Even if you've left your job, you can still contact HR, your direct manager, or the person who signed the termination notice to request a letter or explanation.

• Assess the reasonableness of the reason for dismissal :

  • If the reason given sounds plausible but is actually untrue, it may simply be a pretext to conceal a reason prohibited by law (such as discrimination, retaliation for complaints, etc.).

  • If you can prove that the reason for dismissal was merely a cover-up, you have a solid basis to file a complaint of unlawful dismissal .

Having a formal termination letter or explanation in hand will make it easier to compare it with your contract, company policy, and the law, thereby clearly identifying your rights and protections.

Step 6: Seek union support if you are illegally dismissed.

If you are a union member , contact your union representative immediately for support. This is a crucial step that many workers overlook, while in reality, a union can help protect your rights from the moment you notice signs of being laid off.

Some practical notes:

• Be proactive and contact the union early : Don't wait until you've received a termination notice to contact the union. If you feel you are at risk of termination, notify them immediately for guidance.

• Review the collective bargaining agreement : Many agreements clearly outline the steps a company must take before dismissing an employee, as well as the appeals process you must follow.

• Legal and procedural support : The union can represent you in dealings with the company, guide you on how to write a complaint letter regarding unlawful dismissal , or even assist in bringing the case to the appropriate authorities.

Having the support of a labor union will help you avoid being alone and increase your chances of having your legal rights protected during the complaint or lawsuit process.

Part 2: Guide to writing a complaint letter to HR or management

Step 1: Send a complaint letter regarding unlawful dismissal to the person in charge.

When writing a complaint letter , choosing the right recipient is crucial to ensuring your letter is taken seriously and processed promptly. Depending on your company's organizational structure, you can send the letter to one of the following people:

• Head of Human Resources (HR) : This is typically the department directly responsible for managing employee records, handling disciplinary actions, and terminating contracts.

• Direct manager or superior : The person who directly supervises your work and is responsible for reporting on personnel decisions.

• The person who made the termination decision : If you can identify who signed or notified you of the termination, send the letter directly to them.

Sending your complaint to the correct address not only saves time but also increases its persuasiveness, showing that you understand the process and are filing a complaint seriously and professionally .

Step 2: Summarize the dismissal decision in the complaint letter.

The opening section of a letter complaining of unlawful dismissal should briefly and clearly state the reasons for your termination. This information should include:

• The date and time you were officially fired.

• The reason given by the company or manager (if any).

• The person who notified you or signed the dismissal notice .

Example of how to write it:
“On April 1, 2015, at 9:30 a.m., John Doe called me into his office and informed me that I was being terminated for taking too many days of leave.”

Summarizing the specific facts helps make the letter clear, transparent , and lays the groundwork for subsequent complaint arguments.

Step 3: Detail the reasons for the complaint in the letter.

This is the most important part of a letter complaining about unlawful dismissal , where you need to clearly explain why the dismissal decision was unreasonable or illegal. The content should include:

• Reasons you believe the dismissal was wrong : Explain why the company's reason is unjustified or illegal.

• Violated clause : Clearly state the provision in the employment contract or company policy that they failed to comply with.

• The following situations are prohibited as reasons for dismissal : For example, you were discriminated against based on age, gender, health status, or retaliated against for filing a complaint/report.

• Supporting evidence : List any documents, emails, records, or materials that prove you fulfilled your responsibilities correctly, while the company acted improperly.

Example of how to write it:
“The reason given by the company for my dismissal was excessive leave. However, these days off were legal leave under the Family Medical Leave Act (FMLA) . I ​​submitted all necessary documents to Ms. Jane Doe in Human Resources on February 15, 2015. As of April 8, 2015, I had only used 8 days, which is well within the permitted limit. Therefore, this reason for dismissal is illegal and violates the company's employee rights protection policy.”

Providing detailed information and specific evidence will make your complaint more persuasive and create a solid foundation for your claim for compensation or reinstatement.

Step 4: Include a response deadline in the complaint letter.

A letter complaining about an unlawful dismissal should include a clear deadline for the company to respond. This demonstrates professionalism and provides a basis for further legal action if the company remains silent.

Some things to keep in mind when writing:

• Reasonable timeframe : Approximately 30 days is generally considered appropriate for the company to review and respond.

• Use gentle but firm language : Avoid threatening language or overly harsh demands; simply state that you will consider further steps if you do not receive a response.

• Maintain a respectful tone : This helps ensure your letter is constructive and doesn't get misinterpreted as coercive or blackmailing.

Example of how to write it:
“I expect to receive a response from your company before May 15, 2015. If I do not receive a response by this deadline, I will consult with a lawyer to determine the next steps to take.”

Setting a response deadline allows the company to seriously consider the complaint and also demonstrates your understanding of legal procedures and your ability to protect your rights.

Step 5: Review and edit the complaint letter before sending it.

After completing your letter of complaint regarding an unlawful dismissal , don't send it immediately. Letting the letter "rest" for a few days will allow you to review its content objectively and more easily identify any errors.

Some important lessons learned:

• Allow the letter 2-3 days to rest : During this time, you can do other things to clear your mind. When you return to read it, you'll easily spot the points that need correction. However, don't wait more than a week, as sending the letter late may cost you the right to appeal if the company has specific deadlines.

• Verify objectivity : Eliminate negative emotions (frustration, disappointment). Avoid using language that is offensive to colleagues, managers, or the company. Let the letter reflect only the facts and evidence .

• Avoid threats : Do not write about retaliation, defamation of the company, or even threats of immediate legal action. The safest approach is to use neutral language such as: "I will consider further steps if I do not receive a response."

• Maintain a professional and polite tone : A clear, formal, and coherent letter will create the impression that you are serious and have a solid legal basis.

Careful editing ensures your complaint letter is both persuasive and legally sound , increasing the likelihood of a fair review by the company.

Step 6: Attach supporting documents along with the complaint letter.

A complaint letter alleging unlawful dismissal carries more weight if accompanied by supporting documentation . This makes it easier for the company or relevant authority to verify the information you provide.

Here are some points you should keep in mind:

• Attach copies, do not send originals : Only send photocopies or scans of relevant documents. You should keep the originals for use in legal proceedings or when dealing with the court.

• Organize your documents clearly : Number or annotate them so that readers can easily refer to the content you have presented in the letter.

• The following types of documents should be included :

  • Employment contract

  • Employee handbook or company regulations

  • Work-related emails, meeting minutes, and disciplinary decisions (if any)

  • A performance review or letter of commendation proves you're doing a good job.

  • Letters or notes relating to your dismissal

Attaching supporting documents not only increases the persuasiveness of your complaint letter, but also demonstrates that you are approaching the issue seriously, professionally, and with a clear legal basis .

Step 7: Sign the complaint letter to increase its legal validity.

A small but extremely important detail when completing a letter of complaint regarding unlawful dismissal is the signature . This is how you confirm that the content of the letter was written by you and that you are responsible for it.

Some notes:

• Sign directly with ink : Print the letter and sign it by hand instead of just typing your name. This makes the letter more formal and shows more importance.

• Use your full name correctly in your employment records : If your contract or employment record is listed with your full name, sign with that name to avoid confusion.

• You can include a scanned signature : If sending via email, you can scan or insert an image of your handwritten signature at the end of the letter.

A properly signed signature not only completes the legal validity of the letter, but also demonstrates your seriousness, professionalism, and commitment to the complaint.

Part 3: How to properly submit a dismissal complaint letter

Step 1: Send the complaint letter by registered mail.

After completing the letter of complaint regarding unlawful dismissal , the final step is to send it securely and with confirmation to avoid future disputes.

Some important notes:

• Use a registered mail service with acknowledgment : When sending mail, choose a service that allows you to receive a confirmation that the company has received your letter. This is important evidence if the matter later needs to be brought to court.

• Prepare all necessary information : You need your address and the address of the company/recipient to write on the envelope and confirmation slip.

• Ask a postal worker for assistance : They will help you fill out the return form and guide you on how to send it correctly.

• Keep the receipt and confirmation slip : This is proof that you sent the letter on time and that the company received it.

Sending your complaint by registered mail not only helps protect your legal rights but also demonstrates professionalism and careful consideration throughout the entire complaint process.

Step 2: Wait for a response and processing after submitting the complaint.

After submitting a complaint letter regarding unlawful dismissal , you need to patiently wait for the company's response within the timeframe stated in the letter. This is a crucial step to maintain control and demonstrate that you are following the correct procedures.

Some practical experiences:

• Maintain a professional attitude : If the company contacts you, listen and engage in a calm discussion. If both sides can reach a reasonable solution, that's a good outcome. If not, you still have the right to proceed to the next step.

• Adherence to complaint procedures : Some companies or collective bargaining agreements require both parties to negotiate in good faith before the case is taken to court or a government agency.

• Preparing for negotiations : If there is a meeting or conference for negotiation, arrive with a constructive attitude, but also know what limits are reasonable and what limits are unacceptable .

• Seek support from a lawyer or union : They can advise you on what to expect if the case goes to court.

• Common Outcome : One common solution after negotiations is to agree on a severance package . This may include compensation, payment of outstanding wages, or other benefits.

Waiting for a response, negotiating in good faith, and preparing in advance will help you protect your legal rights to the fullest extent without losing the opportunity to reach a favorable agreement.

Step 3: Consult a lawyer if an agreement cannot be reached.

If the company doesn't respond within the given timeframe, or negotiations fail , the next step is to seek advice from a labor lawyer. An experienced lawyer will help you assess the situation and choose the appropriate legal course of action.

Some common approaches:

• Submit a complaint to the competent government agency :

  • In the US, this could be the Equal Employment Opportunity Commission (EEOC) or the Department of Labor .

  • In Vietnam, you can submit a complaint to the Inspectorate of the Department of Labor, War Invalids and Social Affairs , or seek intervention from the trade union .

• Taking legal action : If you have sufficient evidence, you can sue the company to request the annulment of the dismissal decision , reinstatement , or compensation for damages .

Consulting a lawyer not only helps you understand your legal rights , but also shows that you are pursuing the case professionally and systematically .

References

1. https://www.findlaw.com/employment/losing-a-job/ten-things-to-think-about-wrongful-discharge.html
2. https://www.eeoc.gov/youth/what-employment-discrimination
3. http://www.nolo.com/legal-encyclopedia/wrongful-termination-gathering-documentation-32283.html
4. https://www.liveabout.com/sample-termination-letter-1919094
5. http://www.requestletters.com/home/writing-a-grievance-letter-for-wrongful-termination-with-sample
6. http://www.nolo.com/legal-encyclopedia/wrongful-termination-gathering-documentation-32283.html

Translated by Ashley Wright Nguyen .