Losing a job can be a stressful and life-altering experience. However, when a termination seems unfair or unjustified, it may actually be illegal. Wrongful termination is a legal concept that protects employees from being fired in violation of laws or contractual agreements. Unfortunately, many employees are unaware of their rights or how to recognize when a termination crosses the line into illegality. Estelle & Kennedy Law offers a comprehensive overview of what wrongful termination entails, how to identify if retaliation or discrimination played a role, and what steps employees can take to file a claim and protect their rights.
Understanding Wrongful Termination
At its core, wrongful termination refers to an employee being fired in violation of federal or state laws, employment contracts, or public policy. While the majority of U.S. employment is “at-will,” meaning employers can terminate workers at any time and for almost any reason, there are important exceptions.
Wrongful termination occurs when an employer discharges an employee for reasons that are legally prohibited. Estelle & Kennedy Law reviews that these reasons may include:
- Discrimination: Firing someone due to their race, gender, age, religion, national origin, disability, or other protected characteristic under laws such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), or the Age Discrimination in Employment Act (ADEA).
- Retaliation: Terminating an employee for engaging in legally protected activity, such as reporting workplace harassment, discrimination, unsafe working conditions, wage violations, or filing a workers’ compensation claim.
- Breach of Contract: If an employee has a written or implied contract that guarantees job security or outlines specific grounds for termination, firing them outside of those terms may be wrongful.
- Violation of Public Policy: Firing someone for refusing to engage in illegal acts at the employer’s request or for taking time off for civic duties like jury service or military leave.
Recognizing Retaliation
Retaliation is one of the most common grounds for a wrongful termination claim. Estelle & Kennedy Law Los Angeles reviews that it occurs when an employer punishes an employee for exercising their legal rights.
Examples of retaliation include:
- Firing an employee after they report harassment to HR.
- Demoting or reducing the hours of a worker who filed a safety complaint with OSHA.
- Terminating someone who took time off under the Family and Medical Leave Act (FMLA).
The key element in a retaliation claim is a causal connection between the employee’s protected activity and the adverse employment action. While employers are often careful to disguise retaliatory firings as performance-related, temporal proximity and evidence of prior hostility can help establish wrongdoing.
Identifying Discrimination
Discrimination-based wrongful termination arises when an employer lets an employee go based on protected characteristics. Estelle & Kennedy Law Los Angeles reviews that Federal laws prohibit discrimination on the basis of:
- Race or ethnicity
- Color
- National origin
- Religion
- Sex, including pregnancy, sexual orientation, and gender identity
- Age, for workers 40 and older
- Disability
To determine whether a termination was discriminatory, courts typically look at circumstantial evidence such as inconsistent reasoning, different treatment of similarly situated employees, derogatory remarks, or statistical patterns within the organization.
Employees may not always realize that their termination was rooted in bias, especially if the employer gives a generic reason like “downsizing” or “poor performance.” However, if a pattern of exclusion, unfair treatment, or differential enforcement of rules exists, it may be worth exploring whether discrimination played a role.
Steps to Take If You Believe You Were Wrongfully Terminated
If you suspect that your firing was illegal, taking prompt and strategic action is essential. Estelle & Kennedy Law provides the general steps:
1. Document Everything
Start by collecting all relevant documents, including:
- Termination notice or letter
- Employment contract or offer letter
- Performance reviews
- Emails or written communication
- Witness statements (if applicable)
Maintaining a detailed record of events leading up to your termination can help support your claim.
2. Request a Written Reason for Termination
Although not required by law in every state, requesting a written explanation can clarify the employer’s official rationale and help identify discrepancies or inconsistencies.
3. File a Complaint with the EEOC or State Agency
For claims related to discrimination or retaliation, you must file a charge with the Equal Employment Opportunity Commission (EEOC) or a state-level fair employment practices agency. Deadlines are typically tight — often 180 days from the date of termination, although some states extend that window to 300 days.
The EEOC will investigate the claim and may attempt mediation or conciliation. If it finds probable cause, it can sue on your behalf, or more commonly, issue a “Right to Sue” letter that allows you to file a lawsuit in court.
4. Consult an Employment Attorney
Because wrongful termination laws vary by state and the claims process can be complex, seeking the guidance of a qualified employment lawyer is highly recommended. They can help you assess your claim’s strength, identify applicable laws, negotiate a settlement, or represent you in litigation.
5. Consider Settlement or Legal Action
Many wrongful termination claims are resolved through out-of-court settlements, which may include compensation for lost wages, emotional distress, attorney’s fees, and sometimes reinstatement. If settlement isn’t possible, your attorney can help you proceed with a civil lawsuit.
Special Protections and State-Level Variations
Estelle & Kennedy Law explains that certain states have broader worker protections than those offered under federal law. For instance:
- California offers robust protections against wrongful termination, including broader definitions of protected classes and stronger whistleblower safeguards.
- New Jersey provides remedies under the Conscientious Employee Protection Act (CEPA), which is known for its wide scope of whistleblower protections.
- Montana is unique in that it limits at-will employment and generally requires “good cause” for termination after a probationary period.
Employees should familiarize themselves with the employment laws specific to their state to fully understand their rights and legal options.
Wrongful termination is more than just an unfair firing — it’s a violation of your legal rights. While employment laws can be complex and vary by location, understanding the basics of what constitutes wrongful termination, how to identify retaliation or discrimination, and how to assert your rights can empower you to take informed action. Estelle & Kennedy Law Upland reviews that if you believe your termination may have been illegal, don’t wait. Gather evidence, consult legal counsel, and pursue the remedies available to you. Justice in the workplace often starts with awareness.
