Losing your job is stressful enough, but finding out it might have been illegal can leave you feeling overwhelmed and unsure of where to turn. Wrongful termination happens when an employer fires someone for reasons that violate the law or a contract. If you suspect you’ve been wrongfully terminated, don’t panic—there are steps you can take to protect your rights and seek justice. Here’s what to do next.
Step 1: Understand What “Wrongful Termination” Means
Not every firing is wrongful, even if it feels unfair. In most states, employment is “at-will,” meaning your employer can let you go for almost any reason—or no reason at all—as long as it’s not illegal. So, what makes a termination wrongful? Here are some common examples:
- Discrimination: You were fired because of your race, gender, age, religion, disability, or another protected trait.
- Retaliation: You were let go after reporting harassment, unsafe working conditions, or illegal activity (like a whistleblower situation).
- Breach of Contract: Your employer violated a written or implied employment agreement.
- Violation of Public Policy: You were terminated for taking legally protected actions, like voting or serving jury duty.
If any of these sound familiar, you might have a case. Keep reading to find out how to take action.
Step 2: Gather Evidence
The strength of your claim depends on what you can prove. Start collecting evidence as soon as possible—memories fade, and documents can disappear. Here’s what to look for:
- Emails and Texts: Save any communication with your employer related to your termination or the events leading up to it.
- Performance Reviews: Positive reviews can counter claims of “poor performance” as the reason for firing.
- Employee Handbook or Contract: These might outline termination procedures your employer didn’t follow.
- Witness Statements: If coworkers saw or heard something relevant (like a discriminatory remark), ask them to write it down.
Tip: Write a detailed timeline of what happened, including dates, conversations, and anything unusual about your firing. The more specifics, the better.
Step 3: Review Your Company’s Policies
Check your employee handbook or any agreements you signed when hired. Did your employer follow their own rules? For example, if the policy says you’re entitled to a warning before termination, but you got none, that could strengthen your case. Even in at-will states, failing to follow internal procedures might point to an improper motive.
Step 4: File a Complaint (If Applicable)
If your termination involves discrimination or retaliation, you may need to file a complaint with a government agency before suing. Here’s where to start:
- Equal Employment Opportunity Commission (EEOC): Handles discrimination claims. You typically have 180 days from the termination to file (or 300 days if your state has its own fair employment agency).
- Occupational Safety and Health Administration (OSHA): Covers retaliation for reporting workplace safety issues.
- State Agencies: Some states have labor departments that handle wage disputes or other employment violations.
Time is critical—miss these deadlines, and you could lose your right to take legal action.
Step 5: Talk to an Employment Lawyer
Employment law is complex, and every case is unique. An experienced attorney can evaluate your situation, explain your options, and guide you through the process—whether that’s negotiating a settlement or filing a lawsuit. Bring your evidence and timeline to the consultation to get the most out of it.
Don’t Wait—Act Now
If you’ve been wrongfully terminated, the clock is ticking. Taking quick, smart steps can make all the difference in holding your employer accountable and securing what you’re owed—whether it’s back pay, reinstatement, or compensation for emotional distress.
Have questions about your situation? Contact us today for a consultation. We’re here to help you understand your rights and fight for what’s fair.