Being fired from a job is stressful and often feels unfair. But in legal terms, not all firings are wrongful termination. Understanding what qualifies—and what doesn’t—can help you decide whether to take legal action.
What Is At-Will Employment?
Most U.S. states follow at-will employment, which means:
- An employer can fire you for any reason, or no reason
- You can quit at any time, without notice
However, exceptions to at-will employment form the basis for wrongful termination claims.
Legal Grounds for Wrongful Termination
- Discrimination
You cannot be fired due to:- Race
- Gender
- Religion
- National origin
- Age (40+)
- Disability
- Pregnancy
- Retaliation
Employers cannot fire you for:- Reporting harassment or discrimination
- Filing a workers’ comp claim
- Participating in a workplace investigation
- Whistleblowing
- Violation of Employment Contracts
If you have a written contract or union agreement, your termination must follow the stated process. - Public Policy Violations
It’s illegal to fire an employee for:- Refusing to break the law
- Taking legally protected leave (FMLA)
- Voting or serving on a jury
What Is Not Considered Wrongful?
- Poor performance (unless discriminatory)
- Company downsizing or layoffs
- Being disliked (if not tied to a protected class)
- Not getting along with coworkers
What to Do If You Think You Were Wrongfully Terminated
- Request a termination letter
- Document everything (emails, reviews, HR meetings)
- File a complaint with the EEOC or your state’s labor agency
- Consult an employment attorney
Filing a Charge with the EEOC
- Must be filed within 180 or 300 days of termination (depending on the state)
- EEOC investigates and may offer mediation
- You’ll receive a “right to sue” letter if further legal action is needed
Conclusion
Not every firing is illegal, but if you suspect discrimination, retaliation, or contract violations, you may have a claim. Knowing your rights is the first step to fighting back.
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