Losing a job is never easy—but being fired under unfair or illegal circumstances can make the situation even more painful. In the United States, most workers are employed “at-will,” meaning employers can terminate employment for almost any reason. However, that doesn’t give employers the right to fire someone for illegal reasons.
This article will explain what wrongful termination is, common unlawful reasons for firing, how to tell if your termination was illegal, and what steps you can take if you believe you’ve been wrongfully dismissed.
What Is Wrongful Termination?
Wrongful termination occurs when an employer fires an employee in violation of a federal, state, or local law, or in breach of an employment agreement. Not all unfair firings are illegal—but if the reason for termination violates your legal rights, it may be considered wrongful.
Common examples include:
- Firing due to discrimination
- Retaliating against a worker for reporting misconduct
- Breaching an employment contract
- Violating public policy (e.g., firing someone for jury duty)
Understanding the specific reason for your termination is critical to determine if it’s legally wrongful.
At-Will Employment vs. Contract Employment
In most U.S. states, employment is at-will, meaning:
- Employers can terminate employees for any reason or no reason at all
- Employees can also quit at any time, for any reason
However, there are exceptions. You may have legal protections if:
- You signed an employment contract with specific terms regarding termination
- You’re part of a union governed by a collective bargaining agreement
- You were fired for a protected reason, such as discrimination or retaliation
Always check your employment documentation and employee handbook.
Illegal Reasons for Termination
Several federal and state laws protect employees from being fired for unlawful reasons. Here are some of the most common:
1. Discrimination
It is illegal to fire someone based on a protected characteristic, including:
- Race or color
- Religion
- National origin
- Gender or sex (including pregnancy and sexual orientation)
- Age (over 40)
- Disability
- Genetic information
These protections are provided under laws such as Title VII of the Civil Rights Act, the ADA, and the ADEA. Many states also have additional anti-discrimination protections.
2. Retaliation
Employers cannot legally fire you for exercising your rights, including:
- Reporting workplace harassment or discrimination
- Filing a workers’ compensation claim
- Reporting illegal activities (whistleblowing)
- Taking FMLA leave
- Participating in a workplace investigation
If your firing closely follows such protected activities, it may be seen as retaliatory and therefore wrongful.
3. Breach of Contract
If your employment is covered by a written contract, the terms of that contract usually limit how and when you can be fired. Termination that violates the agreed-upon terms may be considered wrongful.
Examples include:
- Being fired without the required notice period
- Termination without cause, if the contract requires cause
- Not receiving severance pay or agreed-upon compensation
4. Violating Public Policy
Firing someone for reasons that violate public interest or moral standards can be unlawful. Examples:
- Terminating an employee for reporting unsafe working conditions
- Firing someone for taking jury duty, voting, or military service
- Letting an employee go for refusing to break the law
Even in at-will states, these actions are typically protected.
How to Tell If You Were Wrongfully Terminated
If you’ve been let go and suspect something illegal occurred, ask yourself:
- Did I recently file a complaint or report a violation?
- Was I fired shortly after requesting time off under FMLA or ADA?
- Have other employees in similar positions been treated differently?
- Did the termination come after I reported discrimination or harassment?
If the timing or context of your termination seems suspicious, it may be worth consulting with a legal expert.
What to Do If You Suspect Wrongful Termination
- Gather Documentation
- Save termination letters, emails, text messages, performance reviews, and any correspondence with HR or supervisors.
- Keep records of your work performance and any incidents that might support your claim.
- Request a Written Reason for Termination
- You have the right to ask why you were fired. Employers in some states are required to provide this in writing.
- File a Complaint
- You can file a formal complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s labor agency.
- Complaints must be filed within strict deadlines, usually 180–300 days from the date of termination.
- Consult an Employment Lawyer
- An attorney can help determine if your rights were violated and assist with negotiations or litigation.
- Many employment attorneys offer free initial consultations.
Possible Remedies for Wrongful Termination
If your claim is successful, you may be entitled to:
- Back pay (lost wages)
- Reinstatement to your previous position
- Compensation for emotional distress
- Punitive damages (in extreme cases)
- Attorney’s fees
Most wrongful termination cases are resolved through settlements rather than going to trial.
Tips for Protecting Yourself at Work
- Document all work-related communications and performance reviews
- Keep copies of employment agreements and policies
- Know your rights under federal and state law
- Speak up if you face discrimination or harassment
- Consult HR or legal aid when in doubt
Conclusion
While most jobs in the U.S. are at-will, that doesn’t mean you can be fired for any reason. Discrimination, retaliation, breach of contract, and public policy violations are all illegal grounds for termination.
If you believe you’ve been wrongfully terminated, you don’t have to face it alone. Legal resources and protections exist to help you fight back and hold employers accountable. Act quickly, document everything, and consult with an employment lawyer to explore your options.