Wrongful termination occurs when an employer fires an employee in violation of federal or state laws, employment contracts, or company policies. While most employment in the U.S. is at-will, meaning employers can terminate employees at any time for any legal reason, there are exceptions.
Employees who are fired for discriminatory reasons, retaliation, refusing to participate in illegal activities, or in violation of an employment contract may have legal grounds for a wrongful termination claim.
Common Grounds for Wrongful Termination Claims
Employees may file a wrongful termination claim for several reasons, including:
- Discrimination – Termination based on race, gender, age, religion, disability, pregnancy, or other protected characteristics under Title VII of the Civil Rights Act, the ADA, and the ADEA.
- Retaliation – Being fired for reporting harassment, discrimination, workplace safety violations, or participating in a whistleblower activity.
- Violation of Employment Contracts – Termination that breaches a written or implied employment contract.
- Public Policy Violations – Firing an employee for refusing to commit illegal acts, serving jury duty, or exercising legal rights such as voting or taking FMLA leave.
- Constructive Discharge – When an employer creates intolerable working conditions, forcing an employee to resign.
Scenario-Based Examples of Wrongful Termination
Scenario 1: Retaliation for Reporting Discrimination
Sarah, a sales associate, reports gender discrimination after being repeatedly passed over for promotions in favor of less experienced male colleagues. A month later, she is fired for “performance issues” despite having received positive reviews. She may have a valid wrongful termination claim based on retaliation.
Scenario 2: Fired After a Workplace Injury
John, a warehouse worker, suffers an injury on the job and files a workers’ compensation claim. A few weeks later, his employer fires him, citing “company restructuring.” Because the timing suggests retaliation for filing the claim, John could file a wrongful termination lawsuit.
Scenario 3: Breach of Employment Contract
A software engineer, Tom, has a written contract stating he can only be terminated for cause. Despite consistently meeting performance metrics, his employer fires him without justification. Since the contract protects him from at-will termination, Tom may have grounds to sue.
Steps to Take After Wrongful Termination
If you believe you have been wrongfully terminated, take these steps to build a strong case:
- Review Your Employment Contract and Company Policies
- Check for clauses related to termination, severance, or grievance procedures.
- Review company policies to determine if any internal complaints should be filed first.
- Gather Evidence
- Employment records (contracts, offer letters, performance reviews).
- Termination notice or verbal explanation of dismissal.
- Emails, messages, or witness statements showing discrimination, retaliation, or unfair treatment.
- Records of similar cases where other employees were treated differently.
- File a Complaint with the EEOC or State Agencies
- If discrimination or retaliation is involved, file a charge with the Equal Employment Opportunity Commission (EEOC).
- Some states have their own labor boards where wrongful termination claims can be filed.
- Consider a Lawsuit for Damages
- If informal resolution fails, a lawsuit may be necessary to recover lost wages, benefits, emotional distress, and punitive damages.
Legal Remedies Available for Wrongful Termination
Employees who win wrongful termination claims may be entitled to various remedies, including:
- Reinstatement – Getting their job back if feasible.
- Back Pay and Lost Wages – Compensation for earnings lost due to wrongful termination.
- Emotional Distress Damages – If termination caused significant stress, anxiety, or harm.
- Punitive Damages – In cases of extreme employer misconduct.
- Attorney’s Fees and Legal Costs – Some employment laws allow the plaintiff to recover these expenses.
How Employers Can Protect Themselves from Wrongful Termination Claims
Employers should take proactive steps to prevent wrongful termination lawsuits, including:
- Having Clear Termination Policies – Define termination procedures in employee handbooks.
- Providing Written Warnings and Documentation – Maintain records of performance issues and disciplinary actions.
- Ensuring Compliance with Federal and State Laws – Train HR and management on employment laws.
- Offering Severance Agreements – A properly drafted severance package can help resolve disputes amicably.
How can we assist
If you suspect wrongful termination, consulting an attorney is crucial. A wrongful termination lawyer can help determine if your claim has merit, assist with filing complaints, negotiate settlements, or represent you in court.
Our attorneys have extensive experience guiding clients through business litigations. Our team includes a board-certified family law attorney, with advanced business degrees, and a specialist in negotiation and mediation. Contact us at 832-538-0833 to schedule a consultation and get personalized legal advice on your situation.