How Do I Report an Employer for Wrongful Termination?
Losing your job is never easy—especially if you believe you were fired unfairly. Wrongful termination occurs when an employer fires an employee in violation of the law or the terms of an employment agreement. If you suspect your dismissal was unlawful, it’s essential to know how to report the issue and what steps you can take to protect your rights.
In this blog, we’ll walk through what constitutes wrongful termination, how to recognize if it happened to you, and what you should do to report your employer.
What Is Wrongful Termination?
Wrongful termination refers to a firing that violates federal, state, or local employment laws. While Maryland is an “at-will” employment state—meaning employers can terminate employees at any time for any reason (or no reason at all)—there are still several exceptions to this rule.
Your termination may be considered wrongful if it was based on:
- Discrimination: You were fired because of your race, color, religion, sex, age, national origin, disability, or another protected characteristic.
- Retaliation: You were let go for reporting workplace harassment, safety violations, or other misconduct (whistleblower retaliation).
- Violation of public policy: You were fired for reasons that violate public interest, such as refusing to break the law or taking time off for jury duty or military service.
- Breach of contract: If you had an employment contract that guaranteed job security or required certain conditions for termination, and your employer failed to meet those terms.
Step 1: Document Everything
Before taking any legal action, start by gathering and organizing all documentation related to your employment and termination. This includes:
- Employment contracts or offer letters
- Performance reviews and commendations
- Emails or messages related to your termination
- Company policies and employee handbooks
- Records of complaints you may have filed or workplace incidents
- Pay stubs and schedules
The more detailed your records, the stronger your case will be when reporting or pursuing legal action.
Step 2: File an Internal Complaint (Optional)
If you feel safe doing so, consider filing an internal complaint with your employer’s human resources (HR) department. Explain why you believe your termination was unlawful, and request an internal review. While this might not reverse the termination, it may serve as evidence that you attempted to resolve the issue internally before escalating it further.
Be sure to keep copies of any communication you send or receive.
Step 3: File a Charge with the EEOC
If your firing involved discrimination or retaliation, your next step should be to file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is a federal agency that investigates workplace discrimination.
Here’s how the process works:
- Submit a Charge: You must file a formal charge of discrimination with the EEOC, either online, by mail, or in person. In Maryland, you generally have 300 days from the date of the termination to file your complaint.
- Investigation: The EEOC may investigate the claim, interview witnesses, and request documents from your employer.
- Resolution: If they find merit in your claim, they may attempt to mediate a settlement or allow you to file a lawsuit by issuing a “Notice of Right to Sue.”
In Maryland, you can also file with the Maryland Commission on Civil Rights (MCCR) if your complaint involves state law violations.
Step 4: Report to the Department of Labor (If Applicable)
If your firing violated wage laws, family leave protections, or workplace safety laws, you may be able to file a complaint with the U.S. Department of Labor (DOL) or the Maryland Department of Labor.
Here are a few examples:
- You were terminated for requesting family or medical leave (protected by FMLA).
- You were fired for filing a workers’ compensation claim.
- You were let go after complaining about unpaid wages or overtime.
Each violation falls under different divisions within the Department of Labor, so it’s helpful to consult their website or speak with a representative to determine where to file your complaint.
Step 5: Consult a Wrongful Termination Lawyer
Legal cases involving wrongful termination are complex and can be difficult to prove without experienced guidance. An employment attorney can help you understand your rights, determine whether you have a case, and represent you in negotiations or litigation.
Qualified wrongful termination lawyers in Maryland can evaluate the specific facts of your case, help you preserve important evidence, and file claims within the correct time limits.
You typically won’t have to pay anything upfront—many lawyers offer free consultations and only charge if you win the case.
Step 6: Consider a Civil Lawsuit
If your employer violated an employment contract or retaliated against you for a legally protected action, you may be entitled to file a lawsuit. Damages in wrongful termination lawsuits can include:
- Lost wages and benefits
- Emotional distress
- Legal fees
- Reinstatement to your former job (in rare cases)
You’ll need to act quickly, as strict deadlines (called statutes of limitations) apply depending on the nature of the claim.
Final Thoughts
Wrongful termination can leave you feeling powerless—but you’re not without options. By knowing your rights and taking the proper steps to report your employer, you can seek justice and potentially recover compensation for your losses. Whether it’s filing a complaint with a government agency or pursuing legal action, don’t hesitate to get the help you need.
Have you recently been let go and believe it was unlawful? Start gathering your records, explore your legal options, and consider speaking with a qualified attorney to protect your future.