Can I Sue for Wrongful Termination?

02/03/2025 | The Mundaca Law Firm |

Many employees in the United States work under “at-will” employment agreements, meaning that their employer can terminate them at any time without needing to provide a reason. However, there are specific cases where termination is considered unlawful, and wrongfully terminated employees may have legal grounds to sue their employer.

This article explores the main reasons why wrongful termination lawsuits are filed, what employees should know before taking legal action, and what types of damages may be available if they win their case.

Common Grounds for Wrongful Termination Lawsuits

Although at-will employment allows employers to fire workers without cause, there are still legal protections in place to prevent unlawful terminations. Here are five common grounds for wrongful termination claims:

1. Discrimination

Federal and state laws prohibit employers from firing employees based on discrimination. Protected characteristics include:

  • Race or ethnicity
  • Gender or sexual orientation
  • Religion
  • National origin
  • Disability
  • Age (40 and older under the Age Discrimination in Employment Act)

If an employee is fired due to any of these protected characteristics, they may be eligible to file a wrongful termination lawsuit. In many cases, employees must first file a complaint with the Equal Employment Opportunity Commission (EEOC) before pursuing legal action.

2. Breach of Employment Contract

If an employee has a written or oral contract guaranteeing their job for a certain period, an employer cannot fire them in violation of the agreement. Common contract violations include:

  • Terminating an employee before the contract period ends without valid cause
  • Failing to provide severance pay as outlined in the contract
  • Not following termination procedures specified in the agreement

Employees who experience a breach of contract may have grounds to sue their employer for damages.

3. Retaliation for Exercising Workplace Rights

Employees have specific rights in the workplace, including whistleblower protections and the ability to report illegal or unethical conduct. If an employer fires an employee for:

  • Reporting workplace discrimination or harassment
  • Filing a complaint about unsafe working conditions
  • Refusing to engage in illegal activities requested by the employer
  • Reporting wage violations (such as unpaid overtime)

The employee may have a valid wrongful termination claim.

4. Taking Legally Protected Leave

Laws such as the Family and Medical Leave Act (FMLA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA) protect employees who take time off for:

  • Medical leave
  • Maternity or paternity leave
  • Military service obligations

If an employer fires an employee for taking legally permitted leave, they may be violating federal employment laws.

5. Failure to Follow Proper Termination Procedures

Some employers have disciplinary policies that outline steps before an employee can be terminated. For example, a company handbook may state that employees must receive warnings before being fired for performance issues. If an employer fails to follow these steps and terminates the employee without due process, the employee may have grounds for a lawsuit.

What to Consider Before Suing for Wrongful Termination

Before filing a wrongful termination lawsuit, employees should consider the following:

  • Gathering Evidence: Documentation such as emails, performance reviews, termination notices, and witness statements can support a wrongful termination claim.
  • Filing a Complaint with the EEOC: In discrimination-based claims, employees must first file a charge with the EEOC within 180 to 300 days of termination.
  • Consulting with an Employment Attorney: An experienced lawyer can help assess the strength of a case and guide employees through the legal process.
  • Understanding the Statute of Limitations: Lawsuits must be filed within a specific time frame, which varies depending on the claim type.

Potential Outcomes and Damages in Wrongful Termination Cases

Employees who successfully sue for wrongful termination may be entitled to compensation, including:

  • Back Pay: Wages lost from the time of termination until the case is resolved.
  • Front Pay: Compensation for future lost earnings if reinstatement is not possible.
  • Compensatory Damages: Payment for emotional distress, pain, and suffering caused by the termination.
  • Punitive Damages: Additional compensation awarded to punish an employer for especially egregious conduct.
  • Attorney’s Fees: In some cases, employers may be required to cover the employee’s legal fees.

Final Thoughts

If you believe you were wrongfully terminated, understanding your legal rights is the first step toward seeking justice. While many employees work under at-will agreements, employers cannot fire workers for discriminatory reasons, contract violations, or retaliation. Consulting with wrongful termination lawyers in Maryland can help determine if you have a valid claim and what legal options are available to you.