Losing a job is stressful, but being wrongfully terminated can have legal implications that employees need to understand. In the United States, employment is often “at-will,” meaning employers can terminate employees for almost any reason. However, there are important exceptions and protections that prevent unfair dismissal.
What is Wrongful Termination?
Wrongful termination occurs when an employee is fired in violation of:
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Federal or state anti-discrimination laws
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Employment contracts or company policies
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Public policy protections (e.g., retaliation for reporting illegal activity)
Common examples include:
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Termination due to race, gender, religion, disability, or age
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Firing an employee for taking protected medical or family leave
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Retaliation for whistleblowing or reporting workplace safety violations
Steps to Take After Wrongful Termination
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Review Employment Contract and Company Policies
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Check for clauses on termination procedures, notice periods, and grounds for dismissal.
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Document Everything
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Keep emails, text messages, performance reviews, and any communication related to the termination.
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Consult State and Federal Labor Laws
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Federal protections include ADA, FMLA, Title VII, and Age Discrimination in Employment Act (ADEA).
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States may have additional anti-retaliation or anti-discrimination laws.
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File a Complaint if Necessary
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Contact the Equal Employment Opportunity Commission (EEOC) for discrimination or retaliation claims.
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State labor departments may handle wage disputes or other employment violations.
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Seek Legal Advice
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An experienced employment lawyer can assess whether the termination was unlawful and help file lawsuits or negotiate settlements.
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Resolving Employment Disputes
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Mediation or Arbitration: Some companies require disputes to go through alternative dispute resolution.
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Lawsuits: Employees can sue for back pay, lost benefits, reinstatement, or damages.
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Settlement Negotiations: Lawyers often negotiate settlements to avoid lengthy court proceedings.
Why Hiring an Employment Attorney Matters
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Protects your rights during negotiations or litigation.
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Ensures deadlines for complaints or lawsuits are met.
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Helps calculate potential compensation, including lost wages and emotional distress.
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Provides representation in court or EEOC proceedings.
Wrongful termination and employment disputes can be complex and stressful. Employees must understand their rights, document all relevant information, and seek professional legal guidance. Acting promptly can improve the chances of a favorable resolution and protect your financial and professional future.