Wrongful Termination: Do I Have a Case?

Being fired feels wrong, and sometimes it is. But "unfair" and "illegal" aren't the same thing. Most U.S. jobs are at-will, which means an employer can fire you for almost any reason, or no reason, with one big exception: it can't be an illegal reason.

When a firing can be illegal

• Discrimination. Firing someone because of race, color, religion, sex (including pregnancy, sexual orientation and gender identity), national origin, age (40+), disability or genetic information violates federal law at employers above certain sizes. Many states add more protected categories and cover smaller employers.
• Retaliation. Firing someone for complaining about discrimination or harassment, reporting safety violations, filing a workers' comp claim, taking protected medical leave, or blowing the whistle on illegal conduct.
• Protected leave. Firing someone for taking leave protected by the Family and Medical Leave Act or similar state laws.
• Breach of contract. If you had a written contract, or in some states a handbook promise, that limited firing to "cause."
• Public policy. In most states, firing someone for serving on a jury, refusing to break the law, or exercising a legal right.
• Concerted activity. Discussing pay or working conditions with coworkers is protected for most private-sector employees under federal labor law, union or not.

Signs you may have a case

• The timing: you were fired soon after a complaint, leave request, injury or report.
• Inconsistent reasons: the explanation changed, or a "performance" firing followed years of good reviews.
• Comparison: others outside your protected group did the same thing and weren't fired.
• Comments: remarks about your age, race, pregnancy or another protected trait.

Deadlines are short

Most discrimination claims must first go to the EEOC (or your state's fair employment agency) before you can sue. The deadline is generally 180 days from the firing, extended to 300 days in many states with their own agency. Other claims have their own limits. Don't wait.

What to do now

1. Write a timeline while it's fresh: dates, people, what was said.
2. Keep documents you're entitled to: your offer letter, reviews, pay records, emails sent to you. Don't take confidential company files.
3. Don't sign a severance agreement until you understand what rights you're giving up; it usually waives your claims.
4. Apply for unemployment.

Employee-side employment lawyers often work on contingency for strong cases. Find an employment lawyer near you. Related: unpaid wages and overtime.

This guide is general information, not legal advice. Employment protections vary by state and employer size.