The Tool Desk
Outbyte Driver Updater FREEFix the driver behind crashes, sound loss and screen glitchesFind Drivers →Outbyte PC Repair FREERepair Windows errors before they cause bigger problemsFix Now →If software may have contributed to your firing, ask the employer in writing whether it played a material role, what information was used, and who can reconsider the decision. A request is a practical first step—not a general federal right to human review established by the federal guidance cited here. Your options can depend on where you work, your employer’s policies, any contract or union agreement, and the facts.
Choose a route that fits what you want to challenge
“Automated firing decision” can mean different things: software may have made or ranked a decision, supplied a score a manager relied on, or played only a minor role. Ask what happened before assuming a particular law applies. These routes can serve different purposes:
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| Route | What it seeks to address | Where it applies |
|---|---|---|
| Employer request for reconsideration | A human review, an explanation of the process, and a chance to correct or add information | Ask the employer or decision-maker; whether a formal appeal process exists depends on the employer and any applicable policy or agreement |
| Accommodation or alternative process | A disability-related barrier that may have affected how the system assessed you or how you could provide information | Raise it with the appropriate employer contact; EEOC guidance discusses reasonable accommodation and the risk of software screening out people with disabilities (EEOC and DOJ guidance) |
| EEOC charge | Suspected employment discrimination based on a ground covered by EEOC laws | Federal discrimination enforcement; federal employees and applicants follow a different process (EEOC charge information) |
| NYC AEDT complaint | Specified failures to meet New York City automated employment decision tool audit, public-summary, or notice requirements | New York City’s local law; this complaint path does not itself establish an appeal or reinstatement right (NYC Department of Consumer and Worker Protection) |
Ask the employer for a human review
Send a calm, dated message to HR or the person identified in your termination notice. Keep it focused on the decision, the information behind it, and how to submit context. You can adapt this template:
Subject: Request for review of termination decision
#1 Best Overall
I am requesting a human review of the decision to terminate my employment. Did an automated system, algorithm, or other software materially contribute to the decision? If so, please identify the system or process and explain what records, metrics, or inputs were relied upon.
Please tell me who is authorized to review the decision independently, how I can submit relevant context, and what policy, notice, or appeal procedure applies. Please preserve records relating to the decision. If any information used was inaccurate or incomplete, please explain how I can identify and correct it.
Rank #2
[If relevant: I need an accommodation or an alternative way to provide information because [briefly describe the disability-related barrier]. Please tell me the process and appropriate contact.]
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Rank #3
This is a practical request, not statutory wording. The cited sources do not establish that an employer must provide every internal record you ask for or grant an appeal. Keep a copy of your message and note the date, recipient, and any response.
Preserve records and make your account easy to assess
Save relevant material you already have lawful access to, including:
- The termination notice and any stated reason for the decision.
- Performance reviews, schedules, attendance records, or other records relevant to that reason.
- Messages with managers or HR, and applicable workplace policies, tool notices, or appeal instructions.
- Your dated requests and the employer’s replies.
Keep the originals when possible, record when and where you received each item, and organize a short timeline of events. Do not access accounts or systems you are no longer authorized to use. If you believe an input was wrong, identify the specific item and provide a correction or supporting record; if you lack the information needed to identify it, ask the employer how you can do so.
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If disability or an accommodation need may be involved
Explain the connection between a disability-related barrier and the decision or process, and ask for an accommodation or alternative way to provide information. For example, a process may disadvantage someone if it depends on a task they cannot complete without an accommodation. EEOC and DOJ guidance warns that software can screen out people with disabilities and discusses reasonable accommodation; it does not mean every software-assisted firing violates the law (EEOC and DOJ guidance).
Best Value
Share only the medical details needed to explain the request, and ask for the employer’s appropriate accommodation contact or procedure rather than sending sensitive information broadly. If you suspect disability discrimination, consider whether to contact the EEOC or a relevant state or local agency as well.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Use the NYC complaint path only for the covered local requirements
New York City has specific requirements for certain covered uses of automated employment decision tools, including bias audits, public summaries, and notices. The city’s Department of Consumer and Worker Protection describes the requirements and accepts complaints about specified failures. This is a compliance complaint route, not a general appeal of a firing decision.
NYC311 says a report should include the suspected violation date, an explanation, the position, the tool name or type if known, and any notice received (NYC311: automated employment decision tools). These details concern New York City’s law; do not assume they apply elsewhere.
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Consider an EEOC charge if you suspect covered discrimination
The EEOC enforces federal employment-discrimination laws covering grounds such as race, color, religion, sex, national origin, age, disability, and genetic information. A software-assisted decision is not automatically unlawful; the concern is whether the facts support discrimination prohibited by a law the agency enforces. The EEOC says most laws it enforces require a charge before an employment-discrimination lawsuit. Federal employees and applicants use a different process, so follow the EEOC’s instructions for that category (how to file a charge).
Generally, the EEOC filing period is 180 calendar days from the alleged discriminatory act. It can extend to 300 days in some places where a state or local agency enforces a law prohibiting discrimination on the same basis. The applicable period depends on the claim and location. An internal complaint, union grievance, arbitration, or mediation generally does not extend the EEOC deadline, so promptly check the applicable limit with the EEOC or the appropriate state or local agency (EEOC time limits).
Quick Recap
What to do next
- Save the termination notice and relevant records you already have.
- Send the employer a dated request asking whether software materially contributed, what information was used, who can reconsider the decision, and how to submit corrections or context.
- If a disability-related barrier may have affected the process, ask for an accommodation or alternative process through the appropriate contact.
- If you suspect discrimination covered by EEOC law, promptly check the filing deadline and process for your location and worker category.
- If the matter concerns NYC’s specified AEDT audit, summary, or notice requirements, use the city’s complaint information and include the details NYC311 requests.
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