What Counts as Wrongful Termination?
Most US employment is at will, so employers can fire for almost any reason or no reason. A firing is wrongful when it violates the law or a contract: discrimination based on a protected trait, retaliation for protected activity, firing for taking protected leave or refusing to break the law, or violating an employment contract or union agreement. Deadlines can be short, often 180 or 300 days for discrimination charges.
"Wrongful termination" is not a single law. It is a label for firings that break one of many legal protections (Cornell LII).
The at-will baseline
In every state except Montana, employment is presumed at will unless a contract says otherwise. An unfair or unexplained firing is not automatically illegal.
When a firing is wrongful
1. Discrimination
Firing because of race, color, religion, sex (including pregnancy, sexual orientation and gender identity), national origin, age (40+), disability or genetic information violates federal law for covered employers. Many states add more protected traits.
2. Retaliation
Firing because you complained about discrimination, harassment, wage theft or safety, filed a workers' comp claim, or acted as a whistleblower. See retaliation.
3. Protected leave
Firing for taking FMLA leave, military leave under USERRA, jury duty or other protected leave.
4. Public policy
Many states recognize claims when an employee is fired for refusing to break the law, exercising a legal right such as voting, or performing a legal duty.
5. Contract
Firing in violation of an employment contract, offer letter promising cause, union contract, or in some states, handbook promises.
Constructive discharge
If an employer makes conditions so intolerable that a reasonable person would feel forced to resign, the resignation may be treated as a termination.
Evidence that helps
- Timing relative to complaints, leave or protected activity
- Inconsistent reasons for the firing
- Better treatment of similar employees outside your protected group
- Good performance reviews before the firing
- Comments by decision-makers
Our wrongful termination evidence checklist lists what to save.
Deadlines
Federal discrimination claims usually require an EEOC charge within 180 days, or 300 days where a state or local agency also enforces the law (EEOC). Other claims have different deadlines.
Remedies
Back pay, reinstatement or front pay, compensatory and sometimes punitive damages, and attorney fees, depending on the law.
Many employment lawyers offer consultations and some take cases on contingency. See also what to do when you get fired.
Sources
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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.
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