Wrongful termination occurs when an employee is fired in violation of federal or state laws, employment contracts, or public policy. While most US employment is "at-will" (meaning employers can terminate at any time for any legal reason), there are significant exceptions.
15 steps across 2 sections
1. Steps Process
- Determine if your termination was wrongful — Evaluate whether your firing falls into one of these categories:
- Discrimination Fired based on race, color, religion, sex, national origin, age (40+), disability, genetic information, or pregnancy (protected under Title VII, ADEA, ADA, GINA)
- Retaliation Fired for filing a workplace complaint, reporting illegal activity (whistleblowing), participating in an investigation, taking FMLA leave, or filing a workers' comp claim
- Contract violation Fired in breach of a written or implied employment contract
- Public policy violation Fired for exercising a legal right (voting, jury duty, military service) or refusing to perform an illegal act
- Document everything immediately — Collect and preserve all evidence: termination letter, emails, text messages, performance reviews, witness names and statements, HR complaint records, and any docu...
- Request your personnel file — Many states require employers to provide access to your personnel file upon request. This may contain performance reviews, disciplinary records, and other relevant doc...
- File with the appropriate agency — For discrimination: file a charge with the EEOC within 180 days (300 days in states with fair employment agencies). For retaliation related to safety violations: ...
- Consult an employment attorney — Many employment lawyers offer free consultations. An attorney can assess the strength of your case, advise on strategy, and represent you. Most work on contingency ...
- File a formal complaint or lawsuit — Depending on the basis of your claim, you may need to file with a government agency first (e.g., EEOC) before you can sue in court. The EEOC will investigate an...
2. Key Tips
- Act quickly — strict statutes of limitations apply (180-300 days for EEOC charges, varying by state for other claims)
- Preserve all evidence immediately, including digital communications
- Do not sign any severance agreement or release of claims without consulting a lawyer
- Keep a detailed timeline of events leading to and following your termination
- Do not discuss your case on social media
Common Mistakes
- Waiting too long to take action and missing filing deadlines
- Failing to document events as they happen (relying on memory instead of records)
- Signing a severance agreement that waives your right to sue without understan...
- Discussing your case publicly or on social media
- Not filing with the appropriate agency first (many claims require administrat...
Pro Tips
- If you suspect you may be terminated, start documenting everything before it ...
- File complaints about discrimination or harassment with HR in writing (email)...
- Record the names and contact information of colleagues who witnessed relevant...
- If you were fired after filing a complaint or exercising a legal right, the t...
- Potential compensation in successful wrongful termination cases includes: bac...