Being fired from your job can be a traumatic experience, especially if you believe it was unfair or illegal. While most employment in the United States is “at-will,” meaning employers can terminate workers for nearly any reason—or no reason at all—there are important legal exceptions that protect workers from wrongful termination.
This article will help you understand what qualifies as wrongful termination and what steps you can take to protect your rights.
What Is Wrongful Termination?
Wrongful termination occurs when an employee is fired in violation of federal or state laws, public policy, or an employment contract. Common illegal reasons for termination include:
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Discrimination based on race, gender, religion, age, disability, or national origin (protected under Title VII, ADA, ADEA, etc.).
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Retaliation for reporting harassment, filing a workers’ compensation claim, or whistleblowing.
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Violation of an employment contract (written or implied).
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Refusal to commit illegal acts on behalf of the employer.
If your termination falls into one of these categories, you may have a legal case.
Gathering Evidence
Documentation is key. Save emails, performance reviews, and witness accounts that support your claim. If you received positive feedback but were suddenly fired after complaining about harassment or asking for leave, this could indicate retaliation.
Filing a Complaint
Your first step is often filing a complaint with the Equal Employment Opportunity Commission (EEOC) or your state labor department. They will investigate and may offer mediation or issue a “Right to Sue” letter.
Deadlines vary by state but are typically between 180–300 days after termination.
Legal Remedies
If wrongful termination is proven, you may be entitled to:
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Reinstatement to your former position
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Back pay and benefits
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Compensatory and punitive damages
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Attorneys’ fees
Often, cases are settled outside court, but some proceed to litigation.
Tips to Protect Yourself
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Document everything from day one of employment
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Know your employee handbook and company policies
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Speak up if you notice illegal behavior, but do so through official channels
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Seek legal advice early, especially if you sense retaliation or discrimination
Final Thoughts
Wrongful termination claims can be complex, but you have rights. Don't assume your employer is always within the law. If you believe your firing was unjust, take action early and consult a qualified employment lawyer.
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