issues

Wrongful Termination

Losing your job is hard, especially when your employer’s conduct is discriminatory or otherwise unlawful. If termination of your employment violated your legal rights, an agreement, or public policy, you may have a claim for wrongful termination.

In most states, employment is “at will” unless you have a contract that provides certain protections. 

This means an employer can fire you at any time, for any reason or no reason at all—as long as the reason is not unlawful. It also means you can quit at any time, for any reason. 

But there are important exceptions that can make terminating your employment “wrongful,” including when the firing violated a law, public policy, or a contract. You may have a claim if you were fired: 

  • Because of your race, gender, age, disability, religion, sexual orientation, or another protected characteristic. 
  • In retaliation for reporting discrimination, harassment, or unsafe working conditions. 
  • For refusing to break the law or participate in illegal or dangerous conduct. 
  • After filing for protected medical or family leave. 
  • In violation of your employment contract or your employer’s policies. 

Even if you resigned, you may still have a case. If your employer made your working conditions so unbearable that you had no choice but to quit, the law may treat it as a “constructive discharge”—the legal equivalent of being fired. 

Discrimination, Retaliation, and Whistleblower Protections 

Federal laws protect workers from being fired for discriminatory or retaliatory reasons. Discrimination happens when your employer treats you differently because of a protected characteristic, rather than your performance. Retaliation is when you’re punished for legally protected activity, such as asserting your rights. 

These laws include: 

  • Fair Labor Standards Act – requires minimum wage, overtime, or both for non-exempt employees. 
  • Title VII of the Civil Rights Act – prohibits discrimination based on race, color, religion, sex, or national origin. 
  • Americans with Disabilities Act (ADA) – protects workers with disabilities. 
  • Age Discrimination in Employment Act (ADEA) – protects workers age 40 and older. 
  • Family and Medical Leave Act (FMLA) – protects workers who take leave for serious health conditions or family needs. 
  • Occupational Safety and Health Act (OSHA) – protects workers who report unsafe conditions. 
  • Uniformed Services Employment and Reemployment Rights Act (USERRA) – Protects military service members and veterans from being treated differently due to military obligations. 
  • Sarbanes-Oxley Act (SOX) – protects whistleblowers who uncover corporate fraud, accounting irregularities, or shareholder deception. 

Many states also have laws that offer additional protections, such as broader definitions of discrimination or what constitutes protected activity. 

Whistleblower protections are closely related to anti-retaliation laws but legally distinct. Whistleblowers are people who report serious legal or safety violations, but the protections are specific and limited. What you report, how you report it, and who you report it to all matter. 

Contract Violations 

You might have a written employment contract that says you will be employed for a specific term or may be fired only for cause. An oral contract or employer plan or policy might also be legally binding. But many people don’t have any kind of contract, and that doesn’t mean you’re out of options. You might still have a valid claim or basis for seeking a recovery.

Public Policy Violations 

Courts in many states recognize wrongful termination claims when a firing violates public policy. But these claims are a narrow exception to the general rule of at-will employment and only apply in some very specific situations. 

What to Do If You Think Your Employment Was Wrongfully Terminated 

  • Document everything – Save emails, performance reviews, disciplinary notices, and anything else related to your job and termination. 
  • Talk to an employment lawyer – An experienced attorney can help you understand your rights and whether you have a valid claim. 
  • Act quickly – There are strict deadlines for filing complaints with government agencies or in court. Don’t wait. 

You Don’t Have to Face This Alone 

If you believe you were fired for an unlawful reason, you deserve answers. We can help you understand your rights, evaluate your options, and fight for the fair treatment you deserve. 

Framing the Issue

  • Losing your job can be a profoundly destabilizing event that carries long-lasting mental health effects, including anxiety and depression. 
  • When you lose your job, the hit to your earnings is usually steep and immediate. Not only does it cause financial challenges in the near term, but the setback can take years to recover from. 
  • For many people, work is a key part of who they are. A wrongful termination can tear at your professional identity and financial status. It can also be a significant blow to your self-esteem. 
  • Work is more than a paycheck. As the U.S. Surgeon General explains, it gives structure, purpose, and social connection. When you lose your job, you also lose routines and relationships that help you feel grounded.

Notable Matters

  • Recovered a seven-figure settlement for an executive who contested his employer’s claim that it had “Cause” to terminate his employment, as required by his retention agreement. 

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