Job loss can be sudden and stressful. Before you contact a lawyer, invest a little time to understand what happened, collect the right records, and avoid mistakes that may weaken your case. In Nigeria, wrongful termination cases often turn on the contract terms, the employer’s policies, and whether due process and statutory rights were respected. Smart preparation helps your lawyer act quickly and decisively on your behalf.

Steps You Can Take Before Seeing a Lawyer

1. Pause and record the basics

Write a clear timeline: date of hire, job title, department, supervisors, promotions, warnings if any, key incidents, and the exact date and manner of termination. Note who was present, what was said, and whether any alternatives were offered such as suspension or demotion.

2. Obtain or request the termination letter

If you received a verbal dismissal only, send a polite email to HR requesting a termination letter that states the reason and the effective date. Keep copies of your request and the response. This single document often anchors the case theory.

3. Review your employment contract and staff handbook

Look for clauses on termination, notice periods, disciplinary process, gross misconduct, redundancy, performance management, and severance. Confirm whether payment in lieu of notice applies and whether due process outlined in the handbook was followed.

4. Preserve lawful access to evidence

Collect emails, appraisals, commendations, warning letters, query responses, attendance records, and relevant chats. Use only lawful means. Do not bypass passwords or extract confidential third party data. Preserve original files and maintain a simple index of what you saved.

5. Calculate your immediate entitlements

List what you believe is outstanding: salary up to termination date, notice pay where applicable, accrued but unused leave, allowances, reimbursable expenses, pension remittances, and any agreed severance. Keep bank statements and payslips ready.

6. Use internal remedies first where available

File an appeal or grievance within the timeline in your policy. Keep it factual and concise. Many disputes settle internally when the appeal record is clear and professional.

7. Keep communication professional

Avoid threats, insults, or social media rants. Assume your messages may be reviewed later by a judge or mediator. Courtesy can improve your settlement prospects.

8. Consider alternatives to litigation

Ask yourself what outcome you want: reference letter, clean separation terms, compensation, or reinstatement where legally realistic. Mediation and negotiated exit packages often save time and cost.

Evidence and Documents to Gather

Save digital copies as PDFs where possible. Keep originals safe and untampered. Preserve email headers when printing. For chat evidence, take full page screenshots that show dates and participants. Number your exhibits to simplify your lawyer’s review.

Common Mistakes Clients Make

• Signing a resignation letter under pressure instead of requesting time to consider
• Admitting fault in writing without context or advice
• Deleting emails or returning devices without saving personal records you are entitled to keep
• Posting about the dispute on social media or sharing confidential information
• Missing internal appeal deadlines stated in the handbook
• Demanding reinstatement in sectors where compensation is the realistic remedy

Common Misconceptions

Termination without prior warning is always wrongful: not necessarily. The contract may allow termination with notice or payment in lieu. The key is whether the employer complied with contract terms and policy.

All unfairness equals illegality: a harsh decision is not always unlawful. Your claim must track a contractual breach, policy breach, statutory breach, or a protected right such as discrimination or whistleblowing.

Reinstatement is guaranteed: in private employment, compensation is more common. Reinstatement is mostly seen where employment has statutory flavor or specific legal protection.

You cannot settle after filing: many cases settle through mediation at the National Industrial Court or by consent terms once documents are exchanged.

Preparing for the Consultation

Practical Insights and Strategy

Constructive dismissal

If you resigned because the employer made work conditions intolerable such as demotion without cause, non payment of salary, or targeted harassment, collect proof of those conditions and your written complaints. The pattern over time is key.

Redundancy and restructuring

True redundancy follows a transparent process with fair selection and payment of applicable benefits. Compare the employer’s stated reason with internal memos and staff communications. Inconsistent stories often signal leverage for settlement.

Digital evidence hygiene

Preserve original metadata. Forward important emails to your personal address before your account is disabled if policy allows. For chats, export the thread where possible. Keep backups in read only folders to avoid accidental edits.

Negotiation framing

Decide your best alternative to a negotiated agreement. Enter talks with a realistic range. Lead with facts: contract terms, deviations from policy, and the financial impact on you. Ask for references or agreed wording where reputation matters.

Frequently Asked Questions

Can I claim salary in lieu of notice if I was terminated immediately

Yes where the contract requires notice and none was given. Employers sometimes pay instead of notice. If not paid, it can be claimed.

Can I be reinstated

Reinstatement is uncommon in private sector cases. Compensation is more typical. Public service or statutory employments may differ based on specific laws and terms.

What if I was asked to resign

If the resignation was coerced or a sham, your lawyer may frame it as constructive dismissal. Preserve all messages that pressured you to resign.

Should I first complain to the Ministry of Labour

It can help in some cases. However, it does not replace court action. Your lawyer will advise the best route for speed and leverage.

How quickly should I act

Act promptly. Gather documents while access is fresh. Contract claims generally allow time but delays reduce leverage and may risk evidence loss.

Final Thoughts

Preparation turns a painful exit into a controlled process. Build your timeline, assemble your evidence, avoid unforced errors, and approach your consultation with clear goals. With the right foundation, your lawyer can pursue the strongest path to compensation or an amicable exit package.

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