What is Wrongful Termination Law?

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• Overview
• Common Questions for an Attorney

Losing your job can be devastating, and it can often feel unfair. Sometimes that unfairness is also unlawful, and you may be entitled to sue your former employer. These instances are called wrongful termination actions, and they might help you get your job back or be financially compensated.

The following is a brief overview of common situations that can form the basis of a wrongful termination claim. You might consider using this information to determine whether you should speak with a wrongful termination lawyer about your case.

Overview

Employees are generally presumed to be employed at-will, which means your employer does not need good cause to fire you. At some point in your career, you’ve probably signed a document indicating that you understood it was at-will employment, or you might have been given an employment handbook that lays out, in detail, that you can be let go for any reason.

Even if you are technically an at-will employee, your termination may still be in violation of the law or public policy. For example, your employer may have promised or implied that your employment will continue indefinitely or for a period unless there is good cause to end your relationship. Additionally, your employer cannot fire you for discriminatory reasons or in retaliation. Finally, in some circumstances, your employer may be prevented from firing you without cause because it violates a well-established public policy.

Promises

If you have some kind of promise of continued employment for a specific term or a promise that you can only be fired for good cause, then you might not be considered an at-will employee. These promises can be found explicitly in employment contracts, or they can be implied by your employer.

Written Promises

Written promises can take the form of an offer letter that makes promises about continued employment or an employment contract that states you can only be fired for good cause. If you have a written contract or similar document that makes these kinds of references, you might not actually be an at-will employee, and you may be able to enforce these promises in court through a breach of contract claim or other legal action.

Implied Promises

If your employer has said or done things that imply an employment agreement of continued employment, you might have an implied employment contract. These implied contracts can be found in promises of “permanent employment” or in employee handbooks that describe a disciplinary procedure that must be followed prior to termination.

Discrimination

While employers are generally free to end the employment relationship for any reason, they are not allowed to end it for illegal reasons, including discrimination.

Federal laws such as Title VII of the Civil Rights Act protect employees from being fired because of their age, disability, gender identity, genetic information, national origin, race, sexual orientation, or religion. Sexual harassment, including hostile work environments, is another form of discrimination under federal law that can result in wrongful termination. States also have anti-discrimination laws that provide further legal protections for employees. You can file a discrimination claim with the Equal Employment Opportunity Commission (EEOC) or the agency that handles workplace discrimination under your state laws.

You can use direct or circumstantial evidence to prove you were terminated for discriminatory reasons. Direct evidence is the strongest way to show that the decision to fire you was motivated by employment discrimination because it includes statements by your manager and/or supervisor that you are being let go because of your membership in a protected class. However, direct evidence is hard to come by because your managers are likely well-trained and will give you another reason for your wrongful discharge. In these cases, you will need to prove your case with circumstantial evidence.

Cases involving circumstantial evidence will employ a legal method called “burden shifting.” In these cases, you will need to show that you are a member of a protect class, you were qualified for the position and you were replaced by a person who is not a member of your protected class. After you have done this, the court will presume you were fired because of your class membership—unless your employer can satisfy their burden of establishing that you were fired for a legitimate reason. You will then be responsible for showing that your employer’s reason was pretext for discrimination.

Retaliation

Employers generally cannot fire employees as retaliation for engaging in legally protected activities. Examples of protected activities include whistleblowing on illegal conduct or unsafe working conditions; requesting reasonable accommodations; filing a workers’ comp claim; or complaining about wage-and-hour violations. To be successful, you will need to prove you engaged in a protected activity that your employer knew about and that they fired you because of it.

Medical Leave

Under the federal Family and Medical Leave Act (FMLA), employers with 50 or more employees must provide unpaid, job-protected leave to eligible employees in the following circumstances:

• The birth or adoption of a child
• The employee has a serious medical condition
• The employee must care for a family member (such as their spouse, child, or parent) with a serious illness

Common Questions for an Attorney

Below are some common questions you might want to consider when meeting with an employment attorney and getting legal advice for the first time.

1. What are your attorney’s fees and billing options?
2. Who can I sue for wrongful termination?
3. How do I prove I was fired because of discrimination?
4. How do I know if I was fired because I filed a complaint?
5. What can I do if I was fired unfairly?
6. Does compensation in a wrongful termination lawsuit include back pay?
7. Can I get reinstatement to my job through a lawsuit?

Finding the Right Attorney for Your Needs

It is important to approach the right type of attorney—someone who can help you through your entire case. To do so, you can visit the Super Lawyers directory, and use the search box to find a lawyer based on your legal issue or location.

To help you get started, you may want to consider looking for an employment lawyer with experience handling wrongful termination cases.

Why Should I Talk to a Lawyer?

To be successful in your case, you will likely need to interview former coworkers and bosses. You will also want to get copies of your employment records and performance reviews so you can prove there was no other reason for your termination. A lawyer can help you interview these witnesses and get copies of these records, and will also help you evaluate your case and decide on the best course of action.

A lawyer will further be able to anticipate potential problems with your case and advise you on how to approach them. They will also keep track of deadlines and file all the paperwork with the necessary courts and agencies, giving you one less thing to worry about.