In the United States, most workers are employed “at-will,” meaning employers can terminate them for almost any reason—or no reason at all. However, there are important legal exceptions, and if you’ve been fired under suspicious circumstances, you may be a victim of wrongful termination.
What Is Wrongful Termination?
Wrongful termination occurs when an employee is fired in violation of a legal right or public policy. This includes:
- Discrimination based on race, gender, religion, national origin, age, disability, or pregnancy
- Retaliation for reporting illegal activity (whistleblowing)
- Termination in violation of a contract or company policy
- Firing someone for taking legally protected leave (FMLA, sick leave, etc.)
- Retaliation for filing a workers’ compensation claim
Signs You May Have Been Wrongfully Terminated
- Sudden firing after a complaint to HR
- Discriminatory comments or behavior before termination
- Being fired shortly after requesting accommodations or medical leave
- Retaliation after reporting harassment or unsafe conditions
Legal Protections for Employees
Several federal laws protect employees from wrongful termination:
- Title VII of the Civil Rights Act (discrimination)
- Americans with Disabilities Act (ADA)
- Age Discrimination in Employment Act (ADEA)
- Family and Medical Leave Act (FMLA)
- Occupational Safety and Health Act (OSHA) (for reporting unsafe work environments)
Many states also have additional protections that go beyond federal law.
What to Do if You Suspect Wrongful Termination
- Document everything: Emails, performance reviews, comments, and incidents leading to your firing.
- File a complaint: You may need to file with the EEOC before pursuing legal action.
- Consult an employment lawyer: They can help you determine if you have a case.
- Don’t sign anything hastily: Severance agreements may include waivers of your rights.
Possible Remedies
- Reinstatement of your job
- Back pay and front pay
- Compensatory damages
- Attorney’s fees
- Punitive damages in extreme cases
Conclusion
Being wrongfully terminated can be devastating, but legal remedies are available. Know your rights and take swift action to protect yourself if you believe your firing was unlawful.