What is Wrongful Termination?
Wrongful termination occurs when an employer fires an employee in violation of the law, an employment agreement, or public policy. While many workers in the United States are employed “at will”—meaning they can be terminated for almost any reason or no reason at all—there are specific circumstances where firing an employee is unlawful.
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If you feel that you may have been wrongfully terminated, speak to one of our experienced attorneys to learn your rights and potential options.
Examples of Wrongful Termination
- Discrimination: Terminating an employee based on a protected characteristic, such as:
- Race, color, religion, sex, national origin (protected under Title VII of the Civil Rights Act).
- Age (protected under the Age Discrimination in Employment Act for workers 40+).
- Disability (protected under the Americans with Disabilities Act).
- Pregnancy (protected under the Pregnancy Discrimination Act).
- Retaliation:
- Firing an employee for reporting harassment, discrimination, or other legal violations.
- Punishing an employee for filing a workers’ compensation claim or whistleblowing.
- Breach of Contract:
- Violating terms of a written or implied employment contract, such as firing before the contract ends without just cause.
- Violation of Public Policy:
- Terminating an employee for reasons that go against public interest, such as
- Refusing to engage in illegal activities.
- Exercising a legal right (e.g., voting or taking family leave).
- Reporting unsafe working conditions.
- FMLA Violations:
- Firing an employee for taking job-protected leave under the Family and Medical Leave Act (FMLA).
- Defamation:
- If the employer gives false reasons for termination that damage the employee’s reputation.
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Signs of Wrongful Termination
Termination shortly after reporting workplace issues or exercising legal rights.
Being fired without valid reason in violation of a contract.
Lack of proper termination procedures when policies or contracts specify otherwise.
Legal Protections Against Wrongful Termination
- Federal Laws: Protect employees from discrimination, retaliation, and other wrongful terminations.
- State Laws: Some states provide broader protections, such as additional whistleblower rights or exceptions to “at-will” employment.
- Contracts: Written, verbal, or implied agreements can override at-will employment rules.
What to Do If You Experience Wrongful Termination
- Review Your Employment Contract:
- Check for clauses related to termination or disciplinary procedures.
- Document the Termination:
- Record the circumstances leading up to and surrounding the firing, including communications and witnesses.
- File a Complaint:
- For discrimination or retaliation, file with the Equal Employment Opportunity Commission (EEOC) or state equivalent.
- For contract violations or other claims, consult with an attorney.
- Consider Legal Action:
- You may be entitled to remedies like reinstatement, back pay, or damages.
Wrongful termination laws ensure employers do not misuse their authority and provide employees with recourse if they are terminated unfairly.