If you have been fired from your job, you may wonder whether your termination was legal. While most employment in the United States is “at-will” — meaning you can be fired for any reason, or no reason at all — there are important exceptions that protect employees from wrongful termination.
What Is Wrongful Termination?
Wrongful termination occurs when an employer fires an employee for an illegal reason. Even in at-will states, employers cannot fire you for:
- Discrimination based on race, color, religion, sex, national origin, age (40+), disability, or pregnancy (per federal law)
- Retaliation for reporting illegal activity, filing a workers’ compensation claim, or participating in an investigation
- Violation of public policy — such as firing you for serving on a jury, voting, or taking military leave
- Breach of contract — if you have an employment contract that specifies termination only for cause
- Violation of specific state laws — many states have additional protections
Steps to Take After Being Fired
1. Document Everything
- Write down the exact reasons your employer gave for firing you
- Save performance reviews, emails, and any evidence of discrimination or retaliation
- Collect contact information for witnesses who may have relevant information
2. Review Your Employment Documents
Check your employment contract, employee handbook, and company policies. If the contract states you can only be fired “for cause” and you were fired without cause, you may have a breach of contract claim.
3. File for Unemployment Benefits
You may be eligible for unemployment compensation even if you were fired, unless you were terminated for misconduct.
4. Consult an Employment Attorney
Employment law is complex and varies by state. Many employment attorneys offer free initial consultations and work on a contingency basis for wrongful termination cases. In discrimination cases, you must typically file a charge with the Equal Employment Opportunity Commission (EEOC) before filing a lawsuit.
What to Consider Before Suing
- Statute of limitations: You have limited time to file (usually 180–300 days for EEOC claims)
- Evidence strength: Do you have proof that your termination was illegal?
- Damages: What compensation are you seeking (lost wages, emotional distress, punitive damages)?
This article provides general information only. Consult an employment attorney for advice specific to your situation.