Wrongful Termination: What to Do If You've Been Illegally Fired

Most U.S. employees are "at-will," meaning employers can fire them for almost any reason — or no reason at all. But there are important exceptions. If your firing crossed certain legal lines, you may have a wrongful termination claim.

What Is Wrongful Termination?

Wrongful termination occurs when an employer fires an employee for an illegal reason. Common illegal reasons include:

1. Discrimination

It's illegal to fire someone based on a protected characteristic under federal law (Title VII, ADEA, ADA):

• Race, color, national origin, religion, sex (including pregnancy)
• Age (40 and older)
• Disability
• Genetic information

Many states add additional protected categories: sexual orientation, gender identity, marital status, political affiliation.

2. Retaliation

Employers cannot fire you for:

• Filing a discrimination or harassment complaint
• Reporting workplace safety violations (OSHA)
• Whistleblowing on illegal activity
• Filing a workers' compensation claim
• Taking protected FMLA leave
• Participating in a union

3. Breach of Employment Contract

If you have a written (or implied) employment contract promising job security or specific termination procedures, firing you in violation of those terms may be wrongful termination.

4. Violation of Public Policy

Some states prohibit firing employees for reasons that violate public policy — such as firing someone for serving on jury duty or for reporting criminal activity.

What to Do If You Think You Were Wrongfully Fired

Step 1: Document Everything Immediately

• Write down the exact circumstances of your termination (date, time, who was present, what was said)
• Save any emails, performance reviews, or written communications
• Note any witnesses who can corroborate your account
• Document any prior complaints you made about discrimination or unsafe conditions

Step 2: Request Your Personnel File

In most states, you have the right to review your personnel file. Request it in writing. Look for inconsistencies in performance reviews or disciplinary records.

Step 3: File for Unemployment Benefits

File immediately — deadlines are strict (usually 2-3 weeks). Receiving unemployment does not prevent you from pursuing a wrongful termination claim.

Step 4: File an EEOC Charge (for Discrimination/Retaliation)

Before suing for employment discrimination under federal law, you must file a charge with the Equal Employment Opportunity Commission (EEOC). Critical deadlines:

• 180 days from the discriminatory act in states without a state agency
• 300 days in states with their own employment discrimination agency

Missing this deadline can bar your federal discrimination claim forever.

Step 5: Consult an Employment Attorney

Most employment attorneys handle wrongful termination on a contingency fee basis — you pay nothing unless you win. Consult one promptly, as statutes of limitations vary.

Potential Remedies

If you win a wrongful termination case, you may be entitled to:

• Back pay (wages lost since termination)
• Front pay (future lost wages)
• Reinstatement to your job
• Compensatory damages (emotional distress)
• Punitive damages (in egregious cases)
• Attorney's fees

Disclaimer

Employment laws vary significantly by state and individual circumstances. This article provides general legal information, not legal advice. Consult a licensed employment attorney for guidance specific to your situation. Time limits apply — act promptly.