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.