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.