What Constitutes a Wrongful Termination?
Getting fired from a job is never easy, but not every termination is unlawful. In many states, including Maryland, most jobs are “at-will,” meaning employers can terminate employees for nearly any reason—or no reason at all. However, there are important legal boundaries employers cannot cross. When those boundaries are violated, the termination may be considered wrongful under the law.
In this article, we’ll break down what constitutes a wrongful termination, the most common examples, and what steps you can take if you believe you’ve been fired illegally.
What Is Wrongful Termination?
Wrongful termination occurs when an employee is fired in violation of federal, state, or local laws, or in breach of an employment agreement. It typically involves being let go for reasons that are discriminatory, retaliatory, or otherwise unlawful.
Even in at-will employment situations, you cannot be terminated for reasons that infringe upon your legal rights or protected activities.
Common Examples of Wrongful Termination
Below are the most common circumstances that may qualify as wrongful termination:
1. Discrimination
It is illegal for an employer to terminate someone based on protected characteristics, including:
- Race or color
- Gender or sex (including pregnancy and sexual orientation)
- Religion
- National origin
- Age (40 or older)
- Disability
- Genetic information
For example, if you were let go after revealing a pregnancy, or replaced shortly after filing a disability accommodation request, you may have grounds for a discrimination-based wrongful termination claim.
2. Retaliation
You cannot be legally fired for engaging in a protected activity, such as:
- Reporting sexual harassment or workplace discrimination
- Filing a workers’ compensation claim
- Participating in an EEOC investigation
- Whistleblowing on illegal or unethical conduct
- Requesting medical or family leave
If your termination closely follows such an action, it may be considered retaliatory—and therefore unlawful.
3. Breach of Contract
If you have a written employment contract that promises job security for a specified term or outlines conditions for termination, and your employer fires you in violation of those terms, it can constitute wrongful termination.
Even some implied contracts (such as written policies or verbal assurances) may offer protection depending on the circumstances.
4. Violation of Public Policy
It’s unlawful to fire an employee for reasons that go against established public policy. This can include being fired for:
- Taking time off for jury duty or military service
- Refusing to break the law on the employer’s behalf
- Filing a safety complaint with OSHA
- Voting in an election
These protections are often backed by both federal and state laws to ensure employees can act in the public interest without fear of retaliation.
5. Constructive Discharge
While not a firing in the traditional sense, constructive discharge happens when an employer makes working conditions so intolerable that the employee is essentially forced to resign.
If you quit because of ongoing harassment, discrimination, or retaliation, and the conditions were severe enough that any reasonable person would have done the same, it may still count as wrongful termination.
What Doesn’t Count as Wrongful Termination?
Many people feel they were treated unfairly when they’re fired—but not all unfair firings are illegal.
Examples that typically don’t qualify as wrongful termination include:
- Being fired for poor performance
- Personality conflicts with your boss
- Downsizing or restructuring
- Termination without a stated reason (in at-will employment)
Unless your firing violates a specific law or contract, it is not likely to be considered wrongful under the law.
How to Tell If You Have a Case
Ask yourself the following questions:
- Were you part of a protected class? (e.g., age, gender, race, religion)
- Did your firing follow a complaint or legally protected activity?
- Do you have documentation, witnesses, or emails that support your claim?
- Did your employer ignore their own policies or breach a contract?
If you answered yes to any of these, it’s worth speaking to a legal professional.
What to Do Next
If you suspect wrongful termination, here are the next steps:
- Gather Documentation: Save emails, performance reviews, termination letters, and any communication with HR.
- File a Complaint: Depending on the nature of the claim, you can file with the EEOC, the Maryland Commission on Civil Rights, or another appropriate agency.
- Contact a Lawyer: A qualified wrongful termination lawyer in Maryland can help you determine if you have a case and guide you through the legal process.
Final Thoughts
Wrongful termination isn’t always obvious—but if your firing involved discrimination, retaliation, or a violation of your rights, you may be legally protected. Knowing what constitutes wrongful termination is the first step toward taking action. If you believe you’ve been fired unlawfully, don’t wait—seek legal guidance and protect your future. If you’re looking at wrongful termination lawyers in Maryland, we recommend reaching out to us for consultation.