Losing a job is never easy, but being fired unfairly can be especially devastating. Many employees believe they can be fired for any reason, but the law protects workers from wrongful termination under certain circumstances. If you suspect you were wrongfully terminated, understanding your rights can help you determine your next steps.
What is Wrongful Termination?
Wrongful termination occurs when an employer fires an employee for illegal reasons. While most states in the U.S. follow at-will employment—which allows employers to terminate employees without notice—there are legal exceptions. A termination is wrongful if it violates federal or state laws, an employment contract, or public policy.
Some of the most common illegal reasons for termination include:
- Discrimination (race, gender, age, disability, religion, national origin, pregnancy, sexual orientation, etc.).
- Retaliation (firing an employee for reporting harassment, workplace violations, or unsafe working conditions).
- Breach of contract (if an employee has a written or implied agreement that guarantees job security).
- Violation of labor laws (such as firing someone for taking protected medical leave under the FMLA or refusing to engage in illegal activities).
Federal and State Laws Protecting Employees
Several federal laws protect employees from wrongful termination:
- Title VII of the Civil Rights Act – Prohibits discrimination based on race, color, religion, sex, or national origin.
- The Americans with Disabilities Act (ADA) – Protects employees with disabilities from unfair termination.
- The Age Discrimination in Employment Act (ADEA) – Prevents workers over 40 from being fired due to age.
- Family and Medical Leave Act (FMLA) – Protects employees who take medical leave for themselves or their families.
- The Whistleblower Protection Act – Protects employees who report illegal or unsafe workplace practices.
Each state also has its own labor laws that provide additional protections for workers. Some states extend discrimination protections to categories not covered by federal law, such as sexual orientation and marital status. Others may offer stronger safeguards against employer retaliation.
Common Examples of Wrongful Termination
Understanding wrongful termination requires looking at real-world examples. Here are some common scenarios:
- Fired After Reporting Harassment or Discrimination: An employee files a sexual harassment complaint with HR, and a few weeks later, they are let go with no explanation.
- Dismissed After Taking Medical Leave: An employee takes time off for surgery under the FMLA and is replaced while on leave.
- Terminated for Refusing to Engage in Illegal Activity: An employer pressures an employee to commit fraud, and when the employee refuses, they are fired.
- Let Go Due to Pregnancy: A pregnant employee is dismissed because the employer assumes she will be unable to fulfill her job duties.
- Age Discrimination: A company lays off older employees while retaining younger, less-qualified workers.
What to Do If You Were Wrongfully Terminated
If you believe you were fired unlawfully, take these steps:
- Document Everything: Keep a record of conversations, emails, and any incidents leading up to your termination.
- Request a Written Explanation: Ask your employer for a written reason for your termination.
- Review Your Contract and Employee Handbook: If you have an employment contract, review the terms to see if any violations occurred.
- File a Complaint with the EEOC: If discrimination was involved, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) within 180 days of termination.
- Consult an Employment Lawyer: A wrongful termination attorney can assess your case, help gather evidence, and guide you through the legal process.
Final Thoughts
Wrongful termination cases can be complex, but employees have legal rights. If you were fired for an illegal reason, you may be entitled to compensation, job reinstatement, or other legal remedies. Consulting an experienced employment attorney can help you understand your options and fight for justice. We recommend wrongful termination lawyers maryland.
