What Termination Letters Can And Cannot Prove
Getting fired is hard. Maybe the boss sits you down. Maybe HR hands you a letter. Maybe your badge stops working before anyone has the decency to look you in the eye. However it happens, the first question that crosses every employee’s mind is simple:
Why?
Why me? Why now? Why this reason? Why no warning? And if the termination letter does not explain anything, that silence can feel like proof that the employer is hiding something. It feels like a wrongful termination.
But silence in a termination letter is not the same as evidence of employment discrimination.
In Sanders v. TC Transcontinental Tulsa, No. 25-5022, 2026 U.S. App. LEXIS 13242 (10th Cir. May 7, 2026), Tanisha Sanders, a Black woman, sued her former employer, TC Transcontinental Tulsa, alleging race/color discrimination, gender discrimination, hostile work environment, and retaliation under Title VII of the Civil Rights Act of 1964. Sanders did not hire an attorney. She represented herself, which is called proceeding pro se. Going pro se in litigation is sort of like acting as your own doctor. Checking WebMD may work for a common cold or cough. But going to court is not a cough. Litigation is surgery. You would not perform surgery on yourself without a doctor. You should not litigate employment discrimination cases on your own without the best employment law lawyer you can find near you.
Sanders worked as a supply chain manager. Her direct supervisor was Kelly Sivadon. TC Transcontinental terminated Sanders in August 2022. Sanders pointed to her termination letter as evidence of pretext. The problem was that the letter did not say why TC Transcontinental fired her. It confirmed her separation and identified benefits. Sanders believed a termination letter should ordinarily include the reason for termination. The United States Court of Appeals for the Tenth Circuit held that her belief was not enough.
TC Transcontinental gave a reason in court: Sanders’s inability “to work with others as a team.” The employer supported that reason with Sivadon’s sworn statement, Sanders’s deposition testimony, and company records about Sanders’s progress in the Performance Excellence Process. Sanders tried to fight summary judgment, but the district court found that her responses largely lacked record citations, relied on her own characterizations contrary to evidence rules, and failed to present contrary evidence such as a sworn statement.
That is the hard lesson. A termination letter can matter. A missing reason can raise questions. But a race and gender discrimination case does not survive on suspicion, belief, or a blank space in a letter. To establish a wrongful termination, the employee needs to present the court withadmissible evidence showing the employer’s stated reason was false, that similarly situated employees were treated better, or that the record supports discrimination. And that is where the best employment attorneys operate.
Legal Takeaways:
An employer’s termination letter does not automatically have to state the reason for firing, and a missing reason does not by itself prove race discrimination, wrongful termination, or pretext.
A pro se employee still must follow summary judgment rules, cite record evidence, and produce admissible proof that the employer’s stated reason was false or discriminatory.
Does A Termination Letter Have To Explain Why I Was Fired?
No. A termination letter does not automatically have to explain why an employee was fired. Should an employer give a clear reason? Often, yes. It is cleaner. It is fairer. It gives the employee some basic dignity. But what feels wrong or unfair does note equal unlawful discrimination.
Employment law draws that line all the time. An employer can be unfair without violating Title VII. An employer can be vague without committing race discrimination or retaliation. An employer can leave the reason out of a termination letter without automatically proving wrongful termination. The legal question is whether the employee has evidence that the employer’s actual reason was discriminatory, false, inconsistent, or applied differently to similarly situated employees.
Sanders tried to use her termination letter to show pretext. The problem was it did not give the reason for her termination. Sanders believed the letter should have included the reason. The Tenth Circuit Court of Appeals held that her belief was not enough, holding that Sanders’s “subjective belief that such a letter should ordinarily contain the reasons for termination is not sufficient to carry her burden at this stage.” Id. at *9.
This is not to say that termination letters are never helpful. They can, in many cases, be crucial evidence in the right hands. A good attorney would ask whether the employer gave reasons in other employees’ termination letters. Did similarly situated non-Black employees receive detailed explanations while Sanders got silence? Did the employer later give a reason in litigation that does not match earlier documents, HR notes, emails, or discipline records? Did the company normally include reasons but skip it here? Those facts could help show inconsistency, different treatment, or pretext.
That is how the best employment law lawyer uses a termination letter. Not as magic paper. As one piece of a bigger proof map.
TC Transcontinental gave its reason in litigation. It said Sanders was fired because she could not work with others as a team. The employer supported that reason with Sivadon’s sworn statement, Sanders’s deposition testimony, and company records about the Performance Excellence Process. At summary judgment, that evidence mattered more than Sanders’s belief about what the termination letter should have said.
A termination letter may be evidence. It is not the whole case.
Practical Tip: If your termination letter does not say why you were fired, the best first step is to send a friendly email or text message asking for the reason. Your employer might give it to you if you ask, and there is usually no harm in asking; the answer can help an employment lawyer compare the employer’s first explanation against later reasons, discipline records, and how non-Black employees were treated.
Best Wrongful Termination Lawyer Blogs on Point:
Can My Employer Fire Me For Not Working Well With Coworkers?
Yes. An employer may fire an employee for not working well with coworkers if the reason is honest, supported by evidence, and not a cover for race discrimination. The workplace may have been unfair. Coworkers may have been difficult. The supervisor may have been wrong. But employment law asks a tighter question: did the employer honestly believe the reason, or was it discrimination?
TC Transcontinental said Sanders was fired because she could not work with others as a team. The company supported that reason with Sivadon’s sworn statement, Sanders’s deposition testimony, and records about Sanders’s Performance Excellence Process. Sivadon stated that she terminated Sanders after seeing no improvement in her PEP and no demonstrated ability to work with coworkers.
The Tenth Circuit Court of Appeals held that courts “do not ask whether the employer’s reasons were wise, fair or correct; the relevant inquiry is whether the employer honestly believed its reasons and acted in good faith upon them.” Sanders, 2026 U.S. App. LEXIS 13242, at *8. That rule stings. An employer can be harsh. It can be wrong. It can still win if the employee cannot prove the reason was false or discriminatory.
Sanders did not produce that proof. The Tenth Circuit Court of Appeals held that Sanders “presented no evidence from which a reasonable jury could conclude” Sivadon did not actually believe Sanders had made inadequate progress in her PEP or failed to work sufficiently with coworkers. Id. Without evidence challenging the employer’s belief, the race discrimination claim could not reach a jury.
Sanders also pointed to a White coworker, Mariah Lawson. Comparator evidence can prove race discrimination when similarly situated employees are treated differently for comparable conduct. But Sanders did not produce enough evidence about Lawson’s situation, including whether Lawson completed her PIP or her prior disciplinary record. The Tenth Circuit Court of Appeals held there was “too little in the record” to use Lawson as a comparator. Id. at *10.
That is the difference between suspicion and proof. A Black employee may have good reasons to question an employer’s decision. But to survive summary judgment, the employee needs evidence: emails, discipline records, witness testimony, comparator files, inconsistent explanations, or proof that the employer did not follow its usual practice. Lawyers know how to get that evidence in discovery.
Being wrongfully fired is not proven by saying the employer was wrong. It is proven by showing the reason was false, unevenly applied, or not the real reason.
Practical Tip: If your employer says you were fired for not working well with coworkers, gather evidence showing the opposite, including positive emails, project records, witness statements, performance reviews, and examples of non-Black employees with similar issues who were treated better, because race discrimination claims need proof that the employer’s explanation was false or applied unequally.
Best Race Discrimination Attorney Blogs on Point:
Why Is It Risky To Represent Yourself In A Discrimination Case?
Representing yourself in a discrimination case is risky because courts will read pro se filings generously, but they will not become your attorney. The judge will not build your argument, organize your evidence, cite the record, or turn accusations into admissible proof. That is the employee’s job. Or, better yet, the employee’s lawyer’s job.
Sanders represented herself. The Tenth Circuit Court of Appeals acknowledged that pro se arguments are construed liberally, but held that courts “cannot take on the responsibility of serving as [her] attorney in constructing arguments and searching the record.” Sanders, 2026 U.S. App. LEXIS 13242, at *2 n.1. That sentence should make every employee pause before trying to litigate a race discrimination case alone.
Summary judgment is where pro se cases often get wrecked. TC Transcontinental listed thirty-one undisputed material facts. Sanders responded to only nineteen and did not properly structure her response under the local rule. The district court found that her responses mostly lacked record citations, relied on her own characterizations, and did not include contrary evidence such as a sworn statement. The court deemed the employer’s thirty-one facts admitted.
That is not a small paperwork problem. That is the ground disappearing under the case.
Once those facts were deemed admitted, Sanders had to fight uphill on race discrimination, hostile work environment, and retaliation. She had arguments. She had beliefs. She had experiences. But summary judgment requires record evidence. The Tenth Circuit Court of Appeals held that a nonmovant must go beyond the pleadings and set forth “specific facts that would be admissible in evidence” from which a rational jury could rule for the nonmovant. Id. at *6.
This is why the best employment law attorney matters. The best lawyer knows how to respond to each fact, cite evidence, submit declarations, use deposition testimony, preserve comparator proof, and explain why the employer’s version should go to a jury. A missed citation, missing affidavit, or unsupported accusation can become the reason a Black employee never gets her discrimination claim heard by jurors.
Pro se is not brave if it leaves the record empty. It is trying to perform your own heart surgery without a heart surgeon.
Practical Tip: Before representing yourself in a race discrimination or wrongful termination case, ask whether you know how to respond to summary judgment facts, cite admissible evidence, prepare sworn declarations, and prove comparator evidence. If not, talk to the best employment law lawyer you can find before the employer’s motion turns your missing proof into the court’s ruling.
Best Employment Discrimination Law Firm Blogs on Point:
What Is The Best Employment Lawyer For Employees Fired Without A Clear Reason?
If your employer fired you without giving a clear reason, do not assume the missing explanation proves race discrimination. It may be suspicious. It may be unfair. But the best employment lawyer knows how to test it: compare termination letters, request personnel files, examine discipline records, identify similarly situated employees, and build admissible evidence before summary judgment.
Spitz, The Employee’s Law Firm helps employees who were wrongfully fired, treated differently because they are Black, subjected to a hostile work environment, or forced to fight an employer’s shifting story. Spitz offers free initial consultations, a no-fee guarantee, trial-tested attorneys, empathy, and the resources to build the record needed to prove discrimination under employment law. If you were fired and the reason does not add up, call Spitz and let an employee rights lawyer help you figure out what can actually be proven.
FAQ
Does An Employer Have To Give A Reason In A Termination Letter?
No. An employer does not automatically have to state the reason for termination in the termination letter. A missing reason may raise questions, but it does not by itself prove discrimination, wrongful termination, or that the employee was wrongfully fired.
Can A Termination Letter Help Prove Race Discrimination?
Yes. A termination letter can help prove race discrimination if it conflicts with the employer’s later explanation, differs from how non-Black employees were treated, or shows inconsistency in the employer’s stated reason. The letter is one piece of evidence, not the whole case.
Can My Employer Fire Me For Not Working Well With Coworkers?
Yes. An employer may fire an employee for not working well with coworkers if the employer honestly believed that reason and did not use it as a cover for race discrimination. The employee needs evidence showing the reason was false, unevenly applied, or discriminatory.
What Evidence Helps A Black Employee Prove Race Discrimination?
Useful evidence can include emails, witness statements, discipline records, performance reviews, comparator evidence, inconsistent explanations, termination letters, HR notes, and proof that similarly situated non-Black employees were treated better.
Employment Lawyer Disclaimer
This employee rights blog about race discrimination, Black employees, hostile work environment, wrongful termination, termination letters, pro se litigation, and employment law is general information, not legal advice. Every employee’s facts are different, especially when the employer claims the firing was based on coworker conflict, performance criticism, or workplace conduct. If you believe you were discriminated against, subjected to a hostile work environment, retaliated against, wrongfully fired, or fired because of race, consult a qualified employment lawyer about your specific facts, deadlines, evidence, damages, and legal options. This blog is a legal advertisement. Reading it does not create an attorney-client relationship with Spitz, The Employee’s Law Firm, any Spitz attorney, or any Spitz lawyer unless and until a written agreement is signed.