What Is Wrongful Termination?

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Accepted Answer

Wrongful termination (or wrongful discharge) refers to firing an employee in violation of federal, state, or local law, or in breach of an employment agreement.

Common grounds for wrongful termination claims:

Discrimination — Firing based on protected characteristics (race, sex, age, disability, religion, national origin, pregnancy, etc.) under Title VII, the ADA, the ADEA, or state anti-discrimination laws.

Retaliation — Firing an employee for engaging in protected activity such as filing a discrimination complaint, reporting safety violations to OSHA, whistleblowing, or filing a workers' compensation claim.

Breach of contract — Violating the terms of a written employment agreement, collective bargaining agreement, or implied contract created by company policies.

Public policy violations — Firing someone for refusing to commit illegal acts, exercising a legal right (jury duty, voting), or reporting criminal activity.

FMLA violations — Firing someone for taking protected medical or family leave.

What to do if wrongfully terminated:

Document everything — save termination letters, emails, performance reviews, and witness names.

File an internal complaint if applicable.

File a charge with the EEOC (for discrimination/retaliation) within 180-300 days.

Consult an employment attorney.

Remedies. If you prevail, remedies may include reinstatement, back pay, front pay, compensatory damages, punitive damages, and attorney's fees.

Statute of limitations. Deadlines for filing claims vary. EEOC charges must be filed within 180-300 days. Contract claims may have longer deadlines.

This is legal information, not legal advice.