Losing your job can be stressful, especially when you believe your employer had no justification for letting you go. While most states are at-will employment states, there are some unlawful reasons to fire workers, otherwise known as wrongful terminations.
Wrongful termination happens when an employer fires someone in violation of state or federal laws. Below are some of the most common types.
Discrimination-based termination
Employers cannot fire workers based on race, gender, age, disability, religion or other protected characteristics. The Civil Rights Act, the Americans with Disabilities Act and other laws protect employees from discrimination. If an employer dismissed you for one of these reasons, it may be wrongful termination.
Retaliation for reporting violations
Employees can report workplace violations, such as discrimination, harassment or safety concerns. Employers cannot fire workers in retaliation for reporting illegal activity. If a worker is dismissed after filing a complaint or cooperating in an investigation, they may have a case for wrongful termination.
Firing in violation of an employment contract
Some employees have contracts that outline the terms of their employment and termination. If an employer fires someone without following contract terms, it could be considered wrongful termination. Even implied contracts, such as company policies suggesting job security, can sometimes be enforced. A legally binding contract overrides at-will status, and its terms must be honored.
If you believe your termination was unlawful, it’s important to collect evidence. This includes emails with your employer, the HR department and any written correspondence from the company. Wrongful termination cases can be complex, so it’s also important to have some legal guidance behind you.
