What Is Wrongful Termination Law?

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 can use this information to help determine whether you should speak with a wrongful termination lawyer about your case.

What Is At-Will Employment?

Employees are generally presumed to be employed at will, which means your employer does not need good cause to fire you. They can terminate you at any time, and you can leave at any time. 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.

Are There Limits to At-Will Employment?

Yes, even if you are an at-will employee, your termination can still violate the law or public policy. “At-will has limitations,” explains Twila S. White, an employment litigation attorney in Hermosa Beach, California, who represents employees in a wide range of employment law actions. “An employer cannot use an at-will employment provision to engage in unlawful conduct.”

What is unlawful conduct? “It means that the employer cannot subject the employee to discrimination, harassment, or retaliation based on a protected class,” says White.

“For example, if you engage in a protected activity as an employee, such as filing a complaint about discriminatory conduct in the workplace regarding race, age, gender, sexual harassment, pregnancy, or any of the other protected classes enumerated under anti-discrimination statutes, those activities are protected. An employer can’t point to an at-will provision to justify their discrimination or retaliation.”

Additionally, your employer may have promised or implied that your employment would continue indefinitely or for a set period of time unless there was good cause to end your relationship. If they terminate you in violation of an employment contract, you may have a breach of contract claim.

Employers Can’t Fire You for Discriminatory Reasons

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, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) together protect employees from being fired because of their membership in a protected class, including race, color, religion, sex (including pregnancy, sexual orientation, gender, and gender identity), national origin, age, disability, and genetic information.

Many states have anti-discrimination laws that often provide more robust legal protections for employees than their federal counterparts.

At-will has limitations. An employer cannot use an at-will employment provision to engage in unlawful conduct. [They] cannot subject the employee to discrimination, harassment, or retaliation based on a protected class [enumerated] under anti-discrimination statutes. An employer can’t point to an at-will provision to justify their discrimination or retaliation.

Employers Can’t Retaliate Against You For Engaging in Protected Activities

Employers cannot fire employees as retaliation for engaging in legally protected activities such as:

• Filing a complaint with the human resources department about workplace sexual harassment or a hostile work environment;
• Whistleblowing on the company’s illegal conduct or unsafe working conditions;
• Requesting reasonable accommodations for a disability or religious practice;
• Filing a workers’ compensation claim;
• Filing a complaint about wage-and-hour violations.

To succeed, you must prove that you engaged in a protected activity, that your employer knew about it, and that they fired you because of it.

Employers Can’t Fire You for Taking Medical Leave Under the FMLA

Under the federal Family and Medical Leave Act (FMLA), employers with 50 or more employees must provide up to 12 weeks of 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.

It’s unlawful for an employer to terminate you for taking protected medical leave under the provisions of the FMLA or comparable state laws.

Employers Can’t Breach an Employment Contract, Written or Implied

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 may be found explicitly in employment contracts or implied by your employer’s words or actions.

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 employee handbooks describing a disciplinary procedure that must be followed prior to termination.

However, these claims are rarely successful since they go against the basic statutory framework of at-will employment.

How Long Do Wrongful Termination Cases Take to Settle?

“Many wrongful termination cases indeed settle,” says White. Still, they can take years to resolve. “Before the COVID-19 pandemic, we were looking at the life of a case to be about two to three years maximum. Now, following the pandemic, cases are reaching the five-year mark.”

The long duration of these cases can negatively impact employees’ access to justice and enforce their legal rights. “For example, by the time a case finally gets to trial that has been pending that long, there is a propensity for witnesses to not be found or for memories to be unclear. If you factor in an appeal, some cases could easily be 10 years old. I don’t know if that feels like justice to employees who have had to wait so long.” 

How Are Legal Fees Covered in Wrongful Termination Cases?

Since these cases can last several years, how can clients afford them? “A lot of clients, particularly ones who have been terminated, don’t have the financial resources to pay for the costs along the way,” says White. “So, the lawyer ends up having to advance those costs. But that advancing of costs carries significant risk. That lawyer often has to turn away other cases and to put their practice on hold.”

Some states, such as California, have enacted a fee-shifting arrangement to address this issue. “This incentivizes the employer to reach a settlement agreement in which they don’t necessarily admit wrongdoing but compensate the employee. It’s a way for both parties to resolve the issue and move on.” However, sometimes employers won’t do that. “Instead, they decide to go to trial,” says White. “And if they lose at trial, they have to pay the attorney’s fees in addition to whatever the jury awards the plaintiff.”

Why Should I Talk To a Lawyer?

“Wrongful termination cases are really hard to litigate,” says White. “Usually the employers, these big companies, get the largest law firms around to defend them, use scorched-earth litigation tactics, and run up the costs.”

Because of this, you don’t want to litigate these issues without help.

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.

Find 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.

Wrongful Termination Attorney FAQs

Here are some frequently asked questions when meeting with a wrongful termination attorney for the first time:

Was I wrongfully terminated?

Several grounds exist for a wrongful termination claim. On the other hand, getting fired or treated unfairly doesn’t necessarily mean you were unlawfully terminated. At your consultation, an attorney will assess if your termination violated laws, employment contracts, or policies. An attorney can provide legal advice based on your situation and offer guidance on the best course of action.

What evidence do I need to support my wrongful termination claim?

Gathering relevant documentation or evidence is key to the success of your wrongful termination claim. This may include employment contracts, employee handbooks, performance evaluations, emails, text messages, witness statements, or other documentation supporting your allegations. An attorney will review your evidence, and if you hire them to pursue legal action, they will take the lead in gathering further evidence and witnesses.

What compensation can I get through a wrongful termination lawsuit?

Beyond proving the legal elements of a claim, it’s also important to assess the practical viability of pursuing a claim. The outcomes of a wrongful termination claim depend on your case’s facts and applicable laws. Remedies may include reinstatement to your former position, back pay for lost wages, future lost earnings, compensatory damages for emotional distress or other losses, punitive damages for egregious cases, and reimbursement of attorney’s fees and legal costs. An attorney can help clarify your goals in pursuing legal action, discuss potential outcomes, and assess the best strategy.

What deadlines and requirements must I meet for filing a wrongful termination claim?

The statute of limitations sets strict deadlines for filing a wrongful termination lawsuit and varies by jurisdiction and type of claim. It’s best to consult with an attorney as soon as possible to ensure you don’t miss the filing deadline. Depending on your claim, there may also be preliminary steps you must take, such as filing a complaint with the relevant state or federal government agency, before you can file a lawsuit. You don’t want to miss these requirements and be barred from taking legal action. An attorney will ensure you meet all requirements and deadlines.