Key Elements of Wrongful Termination Law Every Employee Should Know
We get it. Losing your job sucks.
Losing it for an illegal reason? Even worse.
Unfortunately, wrongful termination is more common than you may realize.
The problem? Many employees are not educated about what wrongful termination really is. They often believe that any firing which is not justified or not fair is automatically illegal.
The thing is, it's not exactly that simple. Knowing what constitutes wrongful termination law can help you protect your rights and know your options when your employer crosses the line. Here's everything you need to know…
What You Will Learn:
What Is Wrongful Termination Law?
Common Reasons for Illegal Firing
At-Will Employment Explained
How to Know If You Have a Case
What to Do If You've Been Wrongfully Terminated
What Is Wrongful Termination Law?
Wrongful termination law refers to the legal protections that prevent an employer from firing you for an illegal reason.
Here's the thing, wrongful termination is not as cut and dry as you might think. The average person believes that being fired unfairly or unjustly automatically constitutes wrongful termination. But that's not the case. Your boss can fire you because they don't like the shirt you're wearing. They can let you go because you remind them of their ex. They can fire you even though your performance is actually pretty good. Unfair? Yes. Illegal? Not necessarily.
What is wrongful termination law really all about? It's a legal topic that covers specific circumstances where federal or state laws make certain reasons for terminating your employment illegal. This includes firings which are discriminatory, retaliatory, or breach of contract. If you've experienced Alabama Wrongful Termination or wrongful termination in any state for other reasons, knowing these employment protections is essential.
Wrongful termination claims typically fall under a few primary categories:
Discrimination: Termination based on race, gender, age, religion, disability, or other protected characteristics.
Retaliation: Termination for reporting harassment, safety violations, or other illegal activities.
Breach of Contract: When an employer violates the terms of an employment contract.
Public Policy Violations: Termination for refusing to do something illegal.
Pretty simple right?
Common Reasons for Illegal Firing
Pay attention to the numbers.
The EEOC received 88,531 discrimination charges in fiscal year 2024. That's 9% higher than the previous year. Retaliation was the most common type of claim for the 17th year in a row.
Here's why that matters:
Illegal firings are shockingly prevalent. Many employees are standing up for their rights.
The most common bases for wrongful termination claims include:
Discrimination
Retaliation
Whistleblowing
Let's look at each in more detail.
Discrimination
Employers cannot fire you for your race, colour, religion, sex, national origin, age, disability, or genetic information. Pregnancy counts here as well. If your employer says your "position has been eliminated" shortly after you announce a pregnancy, you've got a problem.
Retaliation
Did you report sexual harassment to your HR department? File a safety violation? Refuse to go along with an illegal request? Your employer cannot legally fire you for reporting or refusing to participate in such actions. Retaliation claims are the most frequently filed for a reason.
Whistleblowing
Reporting your employer's illegal practices should be encouraged. Federal and state laws protect employees who report fraud, safety violations, or other unlawful activities. Wrongful termination in response to doing the right thing is the basis for many strong cases.
At-Will Employment Explained
This is where it gets a little sticky.
As we mentioned, most states have an at-will employment doctrine. This means your employer can fire you for a good reason, a bad reason, or no reason at all. At-will employment means that your employer does not have to provide any warning or explanation when they terminate you.
Wow, that's harsh.
But at-will employment has key exceptions. Those exceptions are the focus of wrongful termination law.
At-will employment does not give your employer the right to:
Fire you for discriminatory reasons.
Terminate you in retaliation for reporting protected activities.
Violate an employment contract.
Fire you for exercising legal rights.
At-will doctrine gives employers a great deal of flexibility, but not carte blanche to act unlawfully.
How to Know If You Have a Case
Not every firing is wrongful termination. So how do you know if your case is actually illegal and you have a claim?
Here are some questions to ask yourself:
Was there discrimination involved? Did you hear any comments about your age, race, gender, or other protected characteristics before your termination? Were other employees in your protected class treated differently than you?
Did you engage in protected activity? Did you file a complaint, report illegal activity, or exercise a legal right shortly before being fired? Timing is key in retaliation cases.
Did your employer follow their own policies? If your employer has a progressive discipline policy, did they follow their own steps with you? Were they followed with other employees but skipped with you, and you were fired? This could indicate discrimination.
Do you have documentation? According to research from Martindale-Nolo, cases that had both witness testimony and written evidence had the highest case success rate of 63%.
Keep in mind the quality of your evidence matters a great deal. The study found cases which had only witness testimony had a success rate of about 28%, while cases with only written evidence had a success rate of 50%. Your odds increase dramatically when you have both types of evidence.
What to Do If You've Been Wrongfully Terminated
Think your firing was illegal? Here's what you should do next.
Document everything: Write down your side of the story immediately. Include all dates, times, conversations, and witnesses to the best of your memory. Save all relevant emails and communication. Don't put this off. Memories fade.
Request your personnel file: Many states require employers to make your employment records available to you. Request a copy of your file. Performance reviews, disciplinary actions, and other documents could help your case.
File a complaint: You typically need to file a complaint with the EEOC or your state employment agency before you can file a lawsuit. This starts the process and creates a formal record of the situation.
Consult an employment attorney: Wrongful termination cases can get complicated. A skilled attorney can evaluate your case and help you understand your options. Most offer free consultations.
Know your deadlines: Statute of limitations periods apply. They vary by state and claim type. Missing the deadline can mean you lose your legal options entirely. It's critical to move fast.
Wrapping Things Up
Wrongful termination law provides protection to employees that are terminated for an illegal reason.
While at-will employment laws do provide employers a large amount of freedom in this process, they still cannot discriminate, retaliate, or violate employment contracts.
Here's the bottom line:
Not every unfair firing is illegal.
Discrimination and retaliation are the most common reasons for wrongful termination claims.
Evidence and documentation make a big difference in case outcomes.
Deadlines apply, so it's important to act quickly.
Knowing what is wrongful termination law can help employees know when their rights have been violated. If something feels "off" about how you were terminated from your job, it might actually be "off."
The law provides protections for a reason. It's up to you to know those protections and how to use them.