As opposed to rightful termination, wrongful termination occurs when an employer fires or lays off an employee without just cause, violating their legal rights. It can leave you without income, damage your professional reputation, and limit future career opportunities. If you believe your termination was illegal, legal professionals can help you seek justice, recover damages, and prevent similar injustices for others. This guide will walk you through recognizing wrongful termination, understanding your rights, and taking the appropriate steps to fight back.
What Is Wrongful Termination?
Wrongful termination occurs when an employer illegally dismisses an employee in violation of federal or state laws or contrary to the terms of an employment agreement. Wrongful termination can take many forms, and recognizing the common scenarios can help employees understand if they have a case. Some frequent situations include:
- Discrimination: An employer fires an employee because of characteristics such as race, religion, sex, national origin, age, or disability. These terminations violate Title VII of the Civil Rights Act and other anti-discrimination laws.
- Retaliation for whistleblowing: Employees who report illegal activities, fraud, or unsafe conditions face retaliatory dismissal despite federal and state laws protecting whistleblowers from such actions.
- Breach of employment agreements: Termination that violates specific terms of a written employment contract may constitute wrongful termination. In some cases, even implied agreements or verbal promises from employers can offer legal protection.
- Retaliation for FMLA leave: The Family and Medical Leave Act protects employees who take leave for family or medical reasons. Terminating an employee for using FMLA leave is not only unethical but illegal.
When you know what wrongful termination looks like, you’re better prepared if you ever find yourself at the receiving end.
Legal Protections Against Wrongful Termination
Employees in the United States have legal protections to prevent unlawful termination. These laws prohibit employers from firing workers illegally and provide grounds to challenge wrongful dismissals. Key protections include:
- Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin.
- Family and Medical Leave Act (FMLA): This law ensures eligible employees can take unpaid, job-protected leave for family and medical reasons without facing termination.
- Americans with Disabilities Act (ADA): The ADA prevents employers from discriminating against workers with disabilities and requires reasonable accommodations.
- Whistleblower protection laws: Laws like the Occupational Safety and Health Act (OSHA) protect employees who report illegal conduct from retaliation.
- State-specific laws: Many states provide additional protections, including broader definitions of discrimination and longer deadlines for filing claims.
These laws help employees challenge wrongful terminations and seek compensation.
Can You Sue for Wrongful Termination?
If your termination was illegal, you can sue your employer. To pursue a lawsuit, you must show that your firing violated specific laws or breached your employment contract. Common grounds for wrongful termination lawsuits include breach of contract, discrimination, retaliation, or other illegal reasons for dismissal.
If you win a wrongful termination lawsuit, your employer must compensate you for lost wages, emotional distress, and even punitive damages in severe cases of employer misconduct. Understanding the legal process and your rights will help you build a strong case and increase your chances of a successful outcome.
Steps to Take Before Filing a Lawsuit
Here’s how to prepare for a wrongful termination lawsuit:
- Document everything. Record all relevant details, including communications with your employer, performance evaluations, and any disciplinary notices. Thorough documentation will help establish a pattern of illegal conduct or discrimination.
- Review your employment contract and familiarize yourself with its terms, especially clauses related to termination. Knowing your contract’s details will clarify whether your dismissal violated specific terms.
- Seek legal counsel. Consult a wrongful termination attorney who can assess your case, advise on the best course of action, and guide you through the lawsuit process or settlement negotiations.
Taking these steps prepares you to file your lawsuit effectively and significantly increases your chances of a favorable outcome.
What Evidence Do You Need to Prove Wrongful Termination?
As mentioned, the first step before filing a claim for wrongful termination is to gather evidence that supports your claims. This evidence may include:
- Emails or written communication that show discriminatory actions, retaliation, or breaches of policies.
- Witness testimonies from colleagues or others who can verify the events leading to your dismissal.
- Performance reviews demonstrate that you met or exceeded expectations, countering claims that poor performance justified your firing.
- Employment contract showing that your termination violated specific terms.
Solid evidence forms the backbone of a robust wrongful termination case, boosting your chances of a favorable settlement or court ruling.
How Long Do You Have to Sue for Wrongful Termination?
Each state has variations in its statutes of limitations for wrongful termination, and different types of claims may also have variations. For example, Title VII of the Civil Rights Act requires you to file with the Equal Employment Opportunity Commission (EEOC) within 180 to 300 days of your termination, depending on the state.
State laws may offer different deadlines, with some allowing claims within a year and others extending the period to three years or more. Acting quickly and seeking legal advice ensures you meet these deadlines and preserve your right to sue.
How to File a Wrongful Termination Claim
If you believe your employer wrongfully terminated you, you must file a wrongful termination claim if you’d like to seek justice. Once you’ve gathered your evidence, file it with the correct organization. The EEOC handles cases involving federal employment laws, such as discrimination or retaliation claims, while state agencies often manage claims under state-specific laws. The agency you choose may impact the filing process, timeline, and possible outcomes, so it’s essential to understand the legal grounds for your case and consult with a wrongful termination attorney for guidance.
After submitting your complaint, the agency will begin an investigation. You must cooperate fully by providing any additional information they request to ensure that the investigation moves forward effectively. During this phase, there may also be opportunities for settlement or mediation, where both parties can negotiate a resolution without proceeding to a full trial. Mediation can lead to compensation and resolve the issue more quickly, but your case may proceed to litigation if you don’t reach an agreement.
Filing with the EEOC vs. State Agencies
When filing a wrongful termination claim, you can go through the EEOC or a state agency, depending on the nature of your claim. Both processes have unique requirements and timelines.
- EEOC: If your claim involves federal employment laws, such as discrimination under Title VII, you will likely file with the EEOC. The EEOC generally requires claims to be filed within 180 days after your employer has fired you, although some states extend this to 300 days. The EEOC will review the complaint, conduct an investigation, and facilitate mediation between you and your employer.
- State agencies: Many states have labor agencies handling wrongful termination claims. State agencies often follow similar procedures but may offer additional protections, such as broader definitions of discrimination or extended filing deadlines. For example, some states allow employees to file their claims within one to three years of the incident. Filing with a state agency may be advantageous if state laws provide more robust protections than federal laws.
The choice of whether to file with the EEOC or a state agency depends on the specifics of your case and the applicable laws. If you can’t decide, a lawyer can help direct you to the right agency when filing your case.
What to Expect During the Legal Process
The legal process for a wrongful termination case can be lengthy and complex. Understanding what to expect can help you navigate it more confidently.
- Mediation: After filing your claim, mediation may be the first step in resolving the dispute. At this stage, a third-party person will help both parties negotiate a settlement. Many wrongful termination cases are settled during mediation, saving time and legal expenses.
- Investigation: If mediation does not resolve the issue, the EEOC or state agency will conduct a formal investigation. Investigators will gather evidence, interview witnesses, and review documents to determine whether the claim has merit. This phase can take several months, depending on the case’s complexity.
- Issuance of a Right-to-Sue letter: If the agency concludes the investigation without finding sufficient grounds for a settlement, they will issue a Right-to-Sue letter, allowing you to file a lawsuit in court. You typically have 90 days from the date of the letter to initiate legal action.
- Court proceedings: If your case goes to trial, it will involve a discovery phase (where both sides exchange evidence), pre-trial motions, and possibly a trial before a judge or jury. Court proceedings can take several months to years, depending on the case’s complexity and the court’s schedule.
- Potential outcomes: Outcomes vary widely, from settling before trial to receiving a favorable or unfavorable court verdict. If you win your case, potential remedies may include compensation for lost wages, reinstatement, or punitive damages.
Understanding these stages helps you prepare for the challenges of the legal process and increases your chances of success.
How Much Are Wrongful Termination Cases Worth?
The potential value of a wrongful termination case can vary primarily for various factors, such as the type of wrongful termination your employer committed, the evidence you have, how much income the employee lost, and the emotional impact of the dismissal. Compensation might cover back pay, which includes wages and benefits missed from the time of the firing until the two parties resolve the case. Sometimes, the court might order the employer to return the employee’s old job. When the employer’s behavior was especially harmful or malicious, a court could add punitive damages to penalize the employer and prevent similar future conduct.
Other aspects can also shape the outcome, like the quality of evidence, the local legal standards, and which specific laws the employer violated. To get a clearer picture of how much a case could be worth, consult a wrongful termination attorney who can factor in the unique details of the situation.
How Often Are Wrongful Termination Cases Won?
Many cases are dismissed or settled out of court, leaving only a small percentage that go to trial. Cases often get thrown out due to insufficient evidence, missing the filing deadline, or weak legal arguments. When cases do make it to court, success usually hinges on the strength of the evidence and how well the attorney presents the case.
Improving your odds starts with hiring a skilled attorney with a successful history of building strong wrongful termination cases in court. Filing on time and closely following legal advice can help you avoid the common pitfalls that trip people up. While there’s no surefire formula for winning, taking these steps gives you a better shot at a positive outcome.
If you’re ready to fight against wrongful termination, you don’t have to navigate it alone. Request Legal Help can connect you with experienced wrongful termination lawyers near you who understand the complexities of employment law. Reach out today to find the right attorney to help you stand up for your rights and get the justice you deserve.
FAQs About Wrongful Termination
What Is the First Step If You Think Your Employer Wrongfully Terminates You?
The first step is to document everything related to your termination, including emails, performance reviews, and any conversations with your employer. Then, consult an employment lawyer to assess your case and advise you on the next steps, such as filing a claim with the EEOC or your state’s labor agency.
How Long Does a Wrongful Termination Case Take?
The duration of a wrongful termination case can vary — from a few months to several years. This timeline varies based on your case’s complexity, how willing you or your employer are to settle, and the court’s schedule.
What Are the Chances of Winning a Wrongful Termination Case?
There is no sure-fire formula for determining your chances of winning a wrongful termination case. Still, you can increase your odds by gathering evidence demonstrating your termination violates the law. Cases with documented discrimination, retaliation, or breach of contract generally have higher success rates.
Can I Get My Job Back After Winning a Wrongful Termination Case?
While reinstatement is possible, it’s not guaranteed and often depends on the nature of the case and the employer’s willingness to rehire. Many employers will resolve wrongful termination cases through financial settlements rather than reinstatement.
Can You Sue for Emotional Distress in a Wrongful Termination Case?
You can claim emotional distress damages in wrongful termination cases, especially if the termination caused significant mental or emotional harm. Compensation for emotional distress can vary based on the severity of the impact on your mental health and daily life.
What Should I Avoid Doing After Being Wrongfully Terminated?
Avoid signing any documents without consulting an attorney, especially severance agreements that may waive your right to sue. Do not discuss your case publicly or on social media, as your employer and their attorney may use this as evidence against you. It’s also important not to delay seeking legal advice, as time limits apply for filing claims.
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
