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Employment

What is Wrongful Termination?

Illegal firing of an employee in violation of federal or state laws, employment contracts, or public policy.

Understanding Wrongful Termination

While most employment is "at-will" (can be terminated for any reason), termination is wrongful if based on discrimination, retaliation, breach of contract, or violation of public policy. Remedies may include reinstatement, back pay, and damages.

Examples

  • 1Firing employee for reporting safety violations
  • 2Termination based on pregnancy or disability
  • 3Firing in retaliation for filing workers' comp claim

Why This Matters in Legal Cases

While most employment in the United States is "at-will," meaning either party can end the relationship at any time, there are important exceptions. Wrongful termination claims arise when a firing violates anti-discrimination laws, breaches an employment contract, or retaliates against an employee for exercising legal rights (like reporting safety violations or filing a workers' comp claim). These cases can result in significant damages including back pay, front pay, and emotional distress.

Explaining to Clients

Advise clients to document everything leading up to and following their termination: save emails, performance reviews, text messages, and notes about conversations with supervisors. Explain that timing matters—if they were fired shortly after complaining about discrimination or filing a complaint, the timing itself can serve as evidence of retaliation. File an EEOC or state agency charge promptly, as strict deadlines apply.

Frequently Asked Questions

What makes a termination "wrongful" if employment is at-will?

At-will employment means you can be fired for almost any reason or no reason at all. However, you cannot be fired for an illegal reason: discrimination based on protected characteristics (race, gender, age, disability, religion), retaliation for protected activities (whistleblowing, filing a complaint, taking FMLA leave), breach of an employment contract, or violation of public policy.

What damages can I recover in a wrongful termination case?

Potential damages include back pay (wages lost from termination to trial), front pay (future lost wages), lost benefits, emotional distress, and in some cases punitive damages. Some statutes also allow recovery of attorney fees. Federal anti-discrimination laws cap certain damages based on employer size, while state laws may have different limits.

Do I need to file with the EEOC before suing?

For claims under federal anti-discrimination laws (Title VII, ADA, ADEA), yes—you must first file a charge with the EEOC within 180 days (or 300 days if your state has its own anti-discrimination agency). The EEOC investigates and either resolves the matter or issues a "right to sue" letter. State law claims may have different procedural requirements.

Sources

Related Terms

Employment Discrimination

Unfair treatment of employees or job applicants based on protected characteristics such as race, gender, age, disability, religion, or national origin.

Sexual Harassment

Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that affects employment or creates a hostile work environment.

FMLA Leave

Job-protected unpaid leave guaranteed by the Family and Medical Leave Act for qualifying family and medical reasons, including childbirth, serious health conditions, or caring for a family member.

Wage Theft

The illegal practice of not paying workers for all their work, including violations like not paying minimum wage, denying overtime, or stealing tips.

Last updated: January 24, 2026
Reviewed by: Quilia Legal Content Team

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