Losing your job can be devastating—emotionally, financially, and professionally. While many employment relationships in the United States are “at-will,” meaning an employer can terminate an employee for almost any reason, there are important exceptions. When a firing violates federal or state law, it may be considered wrongful termination, giving the employee the right to take legal action.
This guide explains what qualifies as wrongful termination, common scenarios, and how you can protect your rights if you’ve been wrongfully dismissed.
1. What Is Wrongful Termination?
Wrongful termination occurs when an employee is fired in violation of legal protections. Some common reasons include:
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Discrimination based on race, gender, religion, age, disability, or national origin
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Retaliation for reporting workplace harassment or unsafe conditions
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Violation of employment contracts or company policies
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Termination for taking protected leave, such as FMLA or military service
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Whistleblower retaliation for reporting illegal company practices
While employers don’t need a specific reason to fire someone, they cannot fire you for an illegal reason.
2. Signs You May Have Been Wrongfully Terminated
Some red flags that suggest your firing may have been unlawful include:
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You were fired shortly after filing a complaint about discrimination or harassment
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You disclosed a medical condition or pregnancy and were later dismissed
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Your manager made inappropriate or biased comments about your background
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You were let go while out on approved leave
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You had a written or implied employment agreement that was ignored
If any of these situations apply, you may have a valid wrongful termination case.
3. What Laws Protect You?
Several federal laws protect employees from wrongful discharge, including:
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Title VII of the Civil Rights Act – prohibits discrimination
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Americans with Disabilities Act (ADA) – protects disabled workers
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Age Discrimination in Employment Act (ADEA) – protects employees 40+
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Family and Medical Leave Act (FMLA) – ensures job protection during qualified leave
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Occupational Safety and Health Act (OSHA) – prohibits retaliation for reporting unsafe working conditions
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Whistleblower laws – protect those who report employer wrongdoing
State laws may also offer additional protections or broader coverage.
4. What Should You Do if You're Wrongfully Terminated?
If you suspect you were wrongfully fired:
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Document everything – Write down events, conversations, emails, and dates.
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Request your personnel file – You may be entitled to a copy depending on state law.
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File a complaint – Contact the Equal Employment Opportunity Commission (EEOC) or your state labor board.
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Consult an employment attorney – A lawyer can help assess your case, file a lawsuit, or negotiate a settlement.
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Act quickly – There are strict deadlines (as short as 180 days) for filing complaints with agencies like the EEOC.
5. Possible Remedies
If you win a wrongful termination case, you may be entitled to:
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Back pay for lost wages
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Reinstatement to your previous position
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Compensation for emotional distress
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Punitive damages for willful misconduct
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Attorney’s fees and legal costs
Most cases are settled before going to trial, especially if the evidence is strong.
Final Thoughts
Just because you’ve been fired doesn’t mean it was lawful. If your dismissal was based on discrimination, retaliation, or a violation of legal rights, you may have grounds for a wrongful termination claim. Know your rights, keep records, and speak with a qualified professional. Justice is possible, even after an unfair firing.
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