Wrongful Termination

A firing that violates federal or state law, an employment contract, or public policy — giving the employee legal recourse.

Wrongful termination occurs when an employer fires an employee for an illegal reason. Despite the name, 'wrongful' in the legal sense has a specific meaning: it doesn't cover firings that feel unfair or arbitrary, only those that break a law, violate a written employment contract, or run against established public policy.

Because most US workers are employed at-will, employers can legally fire them for almost any reason or no reason at all. Wrongful termination claims arise only in the narrower set of cases where a specific legal protection is violated.

What Qualifies as Wrongful Termination

  • Discrimination — termination based on race, color, religion, sex, national origin, age (40+), disability, or pregnancy.
  • Retaliation — fired for filing a complaint, reporting harassment, whistleblowing, or exercising a legal right.
  • Breach of contract — if you have a written employment contract that specifies grounds for termination, being fired outside those grounds is a breach.
  • Violation of public policy — firing someone for serving jury duty, taking FMLA leave, or refusing to commit an illegal act.
  • WARN Act violations — companies with 100+ employees must provide 60 days' notice before mass layoffs; failure can result in liability.

What Is NOT Wrongful Termination

  • Being fired because your manager doesn't like you — uncomfortable but legal under at-will employment.
  • Termination after a performance improvement plan — legal if not discriminatory or retaliatory.
  • Layoffs due to business reasons — restructuring, budget cuts, or role elimination are generally lawful.
  • Firing for social media posts that aren't protected activity — most private-sector employees have limited free speech protections at work.

Steps to Take if You Think You Were Wrongfully Terminated

  • Document everything — save emails, performance reviews, HR communications, and any conversations related to your firing.
  • Request your personnel file — you're typically entitled to it.
  • File a charge with the EEOC within 180–300 days if the claim involves discrimination or retaliation.
  • Consult an employment attorney — many work on contingency for wrongful termination cases.
  • Do not sign a severance agreement or release of claims without legal review.

Example

An employee is fired two weeks after filing an EEOC complaint about racial discrimination. The timing and circumstances support a wrongful termination claim based on retaliation.