Losing your job is stressful enough — but being wrongfully terminated adds legal injury to professional setback. Wrongful termination occurs when an employer fires an employee for an illegal reason, violating either federal law, state law, or an employment contract. If you believe you’ve been wrongfully terminated, understanding your rights and taking prompt action is essential.
What Constitutes Wrongful Termination?
Wrongful termination generally falls into several categories: discrimination based on a protected characteristic (race, gender, age, disability, religion, national origin), retaliation for protected activity (whistleblowing, filing a workers’ compensation claim, reporting harassment), violation of an employment contract, and violation of public policy.
At-Will Employment and Its Limits
Most U.S. employment is “at-will,” meaning either party can end the employment relationship at any time for any reason — but not for an illegal reason. This critical distinction often trips up employees who assume at-will employment means employers can do whatever they want.
Step-by-Step: Filing Your Claim
- Document everything immediately. Gather emails, performance reviews, write-ups, and any communications that relate to your termination.
- Request your personnel file. Many states give employees the right to access their employment records.
- File an EEOC charge (for discrimination/retaliation cases) within 180 or 300 days of the adverse action, depending on your state.
- Consult an employment attorney. Many offer free consultations and work on contingency.
- File your lawsuit after receiving a “right to sue” letter from the EEOC, if applicable.
Damages You May Recover
In a successful wrongful termination case, you may be entitled to back pay (lost wages from termination to judgment), front pay (anticipated future lost earnings), compensatory damages for emotional distress, punitive damages in egregious cases, and attorney’s fees under some statutes.
Time is of the essence in wrongful termination cases. Deadlines to file administrative charges and lawsuits vary, and evidence can disappear quickly. If you suspect wrongful termination, consult a qualified employment attorney immediately.
