Losing a job can be a life-altering experience, especially if it happens under circumstances that feel unfair or even unlawful. Although most employees in the United States work on an “at-will” basis, meaning they can be terminated for nearly any reason, there are legal protections against wrongful termination. This guide will help you understand what constitutes wrongful termination, how to protect yourself, and what steps to take if you believe you were terminated unlawfully.

What is Wrongful Termination?
Wrongful termination occurs when an employer fires an employee for illegal reasons. This may include discrimination, retaliation, breach of contract, or violations of public policy. Common examples of wrongful termination include:

Discrimination: Terminating an employee based on race, gender, religion, age, disability, national origin, or other protected characteristics is illegal under federal and state laws. For example, excluding certain races from the company or firing an employee due to their race violates anti-discrimination laws and may constitute wrongful termination.

Retaliation: Employers cannot legally terminate employees in retaliation for asserting their rights, such as reporting discrimination, harassment, or unsafe working conditions. Retaliatory termination for filing a complaint with HR or a government agency can be grounds for a wrongful termination claim.

Breach of Contract: If you have a written or implied contract with your employer that outlines specific grounds for termination, and you’re fired in violation of those terms, this can be considered wrongful termination. Contracts may specify notice periods, disciplinary processes, or reasons for termination, which must be respected.

Violation of Public Policy: If an employer terminates an employee for reasons that go against public policy—such as firing an employee for refusing to commit an illegal act or for fulfilling a civic duty like jury duty—this can also constitute wrongful termination.

How to Protect Yourself from Wrongful Termination
While wrongful termination can’t always be prevented, there are steps you can take to safeguard your rights and make it easier to defend yourself if it happens. Here are some proactive measures to consider:

Know Your Rights: Familiarize yourself with federal and state employment laws that protect against discrimination and wrongful termination. Understanding your rights can help you recognize if your employer’s actions may be illegal.

Review Your Employment Contract: If you have an employment contract, review its terms to understand the conditions under which you can be terminated. Knowing the details of your contract can help you spot violations and strengthen your position if you believe your termination was wrongful.

Document Everything: Keep detailed records of any incidents, including discriminatory comments, inappropriate behavior from management, or any retaliation you experience. Record dates, times, and names of individuals involved. If you are terminated, having a record of prior incidents can provide valuable evidence.

Keep a Copy of Performance Evaluations: If you’ve received positive performance evaluations or accolades, keep copies as they can demonstrate your competence and commitment. These documents may help counter any claims of poor performance if they are used as a reason for termination.

Report Issues Promptly: If you experience discrimination, harassment, or safety violations, report these issues to HR as soon as possible. Following your employer’s procedures for reporting concerns helps create a record that you attempted to address the issue internally.

Seek Witnesses: If there are colleagues who witnessed incidents of unfair treatment or harassment, they may be able to support your case. If you suspect wrongful termination, reach out to these witnesses and ask if they would be willing to provide statements.

Steps to Take if You Suspect Wrongful Termination
If you believe your termination was unlawful, here are the steps you should consider:

Request a Reason for Termination: Politely ask your employer for the specific reason for your termination. While at-will employees may not always be given a reason, asking can sometimes reveal information that supports your claim.

Gather Evidence: Collect any relevant documents that might support your case, including emails, performance reviews, or documentation of discriminatory actions. If you have documentation of a pattern of unfair treatment or retaliation, this evidence can strengthen your claim.

File a Complaint with the Appropriate Agency: Depending on the nature of your termination, you may need to file a complaint with an external agency, such as the Equal Employment Opportunity Commission (EEOC) for discrimination claims or the Occupational Safety and Health Administration (OSHA) for safety-related retaliation claims. Filing a formal complaint initiates an investigation into your case.

Consult an Employment Attorney: Navigating wrongful termination claims can be complex, and consulting with an employment attorney can provide clarity on your rights and next steps. An attorney can assess the strength of your case, help you gather additional evidence, and guide you on whether filing a lawsuit is appropriate.

Filing a Wrongful Termination Claim
Wrongful termination claims are typically filed with a relevant agency, such as the EEOC or a state labor agency. The process often involves the following steps:

Submitting a Complaint: File a complaint detailing your experience and why you believe your termination was wrongful. Include all relevant documentation and any witness statements that support your claim.

Investigation and Mediation: The agency may investigate your claim, request additional documentation, and may offer mediation to help resolve the issue without further legal action.

Receiving a Right to Sue Letter: If the agency finds merit in your claim but is unable to resolve the matter, they may issue a “right to sue” letter, allowing you to pursue a lawsuit against your employer.

Remedies for Wrongful Termination
If you successfully prove wrongful termination, you may be entitled to various remedies, including:

Reinstatement: In some cases, the court may order your employer to reinstate you to your former position.
Back Pay and Benefits: Compensation for lost wages, benefits, and other forms of income you would have received if you hadn’t been wrongfully terminated.
Compensatory Damages: Compensation for emotional distress or mental anguish caused by the wrongful termination.
Punitive Damages: In severe cases, the court may award punitive damages to discourage employers from engaging in similar behavior in the future.
Final Thoughts
Wrongful termination is an unfortunate reality in many workplaces, but understanding your rights can help you recognize when your dismissal may have been unlawful. By knowing the legal protections against unfair termination and taking steps to document and report discriminatory or retaliatory behavior, you can better protect yourself if faced with job loss.

If you suspect that you were wrongfully terminated due to discrimination, retaliation, or another illegal reason, take action promptly. Consult an employment attorney, gather evidence, and file a complaint with the appropriate agency to pursue the justice and compensation you deserve. Remember, protecting your rights isn’t just about you; it also helps promote a fairer, more equitable workplace for all.