Can I pretend I am a lawyer and write my ex-employer a letter demanding he give my job back or I will be forced into litigation.

What you are describing is both illegal and highly unlikely to be effective.

If you actually have a viable wrongful termination claim, attorneys generally handle such matters on a contingentcy (no fee unless you win) basis.

Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

The unauthorized practice of law is a crime. In some states it is a felony. Do not do it.

You might find my Legal Guide helpful "How to Choose A Lawyer For You"

http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you

You might find my Legal Guide helpful " What Do I Tell My Lawyer"

http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer

Good luck to you.

NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney with whom you have established an attorney client relationship and all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

So who are you going to pretend to be? A lawyer who actually exists in OK who can sue you for identity theft?
A fictitious lawyer who does not exist (it will take 30 seconds for your former boss to call the OK bar to find out if the fake one exists). And then what do you say to the prosecutor who comes knocking on your door, 'I have every legal right in the world to pretend to be a lawyer since I was fired for no good reason?' If you really have a case, you can contract with a lawyer on a contigency basis.
You might find my legal guide on selecting and hiring a lawyer helpful.
You might find my legal guide on Is it Legal? Is it Illegal? helpful.
You might find my legal guide on the understanding the different court systems helpful.
You might find my legal guide on legal terms used in litigation helpful.
(Even if you are not filing a lawsuit this information can be useful).


You might find my legal guide on Employer/Employee disputes helpful.
You might find my legal guide on commercial litigation helpful.
LEGAL DISCLAIMER
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.

I am not an attorney in your jurisdiction. The following is provided for general informational/entertainment purposes and should not be taken as legal advice or as the formation of an attorney-client relationship:

The short answer to your question is: it depends upon what you mean by the phrase "pretending I am a lawyer for myself." So let's clarify what you're asking here.

First off: I know of no jurisdiction in the United States where it is legal to pretend to be a lawyer.

A person could still negotiate with an ex-boss a settlement for any claims they may have against him (such as wrongful termination, etc.); you do not have to be a lawyer to self-negotiate. Additionally, a person can generally even represent him/herself in court. You do not have to be a lawyer to self-represent. (Representing yourself in a legal capacity is called "pro se.") If simply representing yourself or negotiating for yourself is all that you are proposing to do, you can generally do this (indeed, most small claims plaintiffs tend to be pro se), just so long as you don't say/imply that you are an actual lawyer.

But pretending to be an actual lawyer is a crime.

So to be clear:

"Dear So-and-So, give me my job back or I will sue you, representing myself in court (i.e., as a pro se litigant)," is okay.

"Dear So-and-So, give me my job back or I will sue you because I am a lawyer," is NOT okay.

All of this said...you're accusing a person who fired you of wrongful termination, retribution, and fraud. Do you really want to work for this person again??? I urge you to think about this. Either this person is a truly awful person to work for, or (if you are wrong/mistaken) you will have only succeeded in making this person very upset with you.

It seems like, if you're actually going to threaten litigation, you are better served to ask for a lump sum of the money the loss of the job has cost you rather than the same job back.

While I don't agree with it, I understand the nature of some to believe that litigation is inherently wrong because it's "not work," or something like that. But let's reframe your situation as I understand it. This person apparently screwed you out of a job. Now, you are unemployed in the toughest job market this country has seen in decades, and on job applications and interviews forever more, you will have to answer "yes" to the question "Have you ever been fired or asked to resign from a job?" and explain the situation, trying not to sound too bitter in the process so you don't scare away potential employers.

So, if what you're saying is true, this person has wrongfully cost you not only your present job, but most likely future ones as well. For no wrongdoing of your own.

I'd like to think that's not how the world should work, and thankfully, the legislators who drafted the laws who protect you agree with me.

So I guess, if I were you, I would probably just write a classic demand letter, not even mention lawyers or being a lawyer or anything like that, and find a professional, courteous, yet threatening way of saying, "Here are the facts. Based upon these facts, give me X amount of dollars now or I will find a jury to make you give me even more."

All of this said, I would urge you to find an actual lawyer to represent you (especially if you want to take this beyond the letter-writing stage or if you are rebuffed in your demands). Many lawyers work on a contingency basis, and there are free legal clinics available in some areas to those who qualify.