Wrongful Termination Claims

Wrongful Termination Claims

Most employment in the United States is "at-will," meaning either the employer or employee can end the relationship at any time, for any reason (or no reason). However, there are important exceptions. If you were fired for an illegal reason, you may have a wrongful termination claim.

Exceptions to At-Will Employment

1. Discrimination

Federal and state laws prohibit firing employees based on:

Race, color, or national origin (Title VII of the Civil Rights Act)

Sex, gender identity, or sexual orientation (Title VII as interpreted by Bostock v. Clayton County)

Religion (Title VII)

Age (40 and older under the Age Discrimination in Employment Act)

Disability (Americans with Disabilities Act)

Pregnancy (Pregnancy Discrimination Act)

Genetic information (Genetic Information Nondiscrimination Act)

Many state laws add additional protected categories, such as marital status, political affiliation, or military service.

2. Retaliation

It is illegal to fire an employee for:

Filing a discrimination or harassment complaint

Reporting workplace safety violations to OSHA

Filing a workers' compensation claim

Reporting illegal activity (whistleblowing)

Participating in an investigation or lawsuit against the employer

Taking legally protected leave (FMLA, military leave, jury duty)

Engaging in union organizing activities

3. Breach of Contract

If you have an employment contract (written or implied) that limits termination to "for cause" situations, firing you without cause may be a breach of contract.

Implied contracts can arise from:

Employee handbook provisions stating that employees will only be fired for cause

Verbal assurances of continued employment

A pattern of progressive discipline that creates an expectation of process

4. Public Policy Violations

Most states prohibit firing employees for:

Refusing to perform an illegal act

Exercising a legal right (filing a workers' comp claim, voting, serving on a jury)

Reporting illegal activity to authorities

Signs Your Termination May Be Wrongful

You were fired shortly after engaging in a protected activity (filing a complaint, requesting accommodation, taking FMLA leave)

You were treated differently from employees outside your protected class

The employer's stated reason for firing you doesn't match the evidence

You have a strong performance record with no prior disciplinary issues

Other employees who committed similar offenses were not fired

The employer made discriminatory comments or created a hostile work environment

Steps to Take After Wrongful Termination

1. Document Everything

Save emails, text messages, performance reviews, and any evidence of discrimination or retaliation

Write down the events leading to your termination while they're fresh in your memory

Identify potential witnesses

2. File a Charge with the EEOC

For discrimination and retaliation claims, you must file a charge with the Equal Employment Opportunity Commission (EEOC) before filing a lawsuit. Key deadlines:

180 days from the discriminatory act (or 300 days in states with their own fair employment agency)

The EEOC will investigate and attempt to resolve the charge

If the EEOC cannot resolve it, you'll receive a "Right to Sue" letter allowing you to file a federal lawsuit

3. Consult an Employment Attorney

Many employment attorneys offer free consultations and take cases on contingency (no fee unless you win).

Potential Remedies

If you win a wrongful termination case, you may be entitled to:

Back pay — wages lost from the date of termination to the verdict

Front pay — future lost wages if reinstatement isn't feasible

Reinstatement — getting your job back

Compensatory damages — for emotional distress and mental anguish

Punitive damages — to punish the employer for especially egregious conduct

Attorney's fees and costs

Disclaimer: This guide is for informational purposes only. Employment law varies by state and the specific facts of your situation. Consult an employment attorney for legal advice.