Losing your job is devastating, especially when you believe you were fired unfairly. But “unfair” doesn’t always mean “illegal.” In most states, employment is “at-will,” meaning employers can fire you for almost any reason—or no reason at all. However, there are important exceptions that may give you grounds for a wrongful termination lawsuit.
Quick Answer
You may be able to sue for wrongful termination if you were fired for an illegal reason—such as discrimination, retaliation for reporting misconduct, refusing to break the law, or in violation of an employment contract. Simply being fired unfairly or without good cause isn’t enough in at-will employment states. An employment attorney can evaluate whether your termination violated the law.
Understanding At-Will Employment
In 49 states (all except Montana), employment is presumed to be “at-will.” This means:
- Your employer can fire you at any time, for any legal reason, without warning
- You can quit at any time, for any reason, without notice
- No employment contract is required
However, at-will employment has significant exceptions. You cannot be fired for illegal reasons, even in at-will states.
When Termination Is Illegal
Discrimination
Federal law prohibits firing employees based on:
| Protected Class | Federal Law |
|---|---|
| Race, color, national origin | Title VII of the Civil Rights Act |
| Sex, gender, pregnancy | Title VII, Pregnancy Discrimination Act |
| Religion | Title VII |
| Age (40+) | Age Discrimination in Employment Act |
| Disability | Americans with Disabilities Act |
| Genetic information | GINA |
Many states add protections for sexual orientation, gender identity, marital status, and other characteristics.
Retaliation
You cannot be fired for:
- Filing a discrimination complaint or EEOC charge
- Reporting safety violations to OSHA
- Reporting illegal activity (whistleblowing)
- Filing a workers’ compensation claim
- Taking FMLA leave
- Participating in an investigation against your employer
- Reporting wage and hour violations
Breach of Contract
If you have an employment contract (written or implied), your employer may only fire you according to its terms. Contracts may require:
- Termination only “for cause”
- Specific disciplinary procedures before firing
- Notice periods
- Severance payments
Some courts find implied contracts based on employee handbooks or verbal promises of job security.
Public Policy Violations
Most states prohibit firing employees for reasons that violate public policy, such as:
- Refusing to commit an illegal act
- Performing a legal duty (like jury service)
- Exercising a legal right (like voting)
- Reporting illegal activity
Evidence That Supports a Wrongful Termination Claim
| Type of Evidence | Examples |
|---|---|
| Timing | Fired shortly after a protected activity (complaint, leave request) |
| Disparate treatment | Others who did the same thing weren’t fired |
| Pretextual reasons | The stated reason doesn’t match the facts or your record |
| Pattern of discrimination | Others in your protected class treated similarly |
| Direct evidence | Discriminatory comments, emails, or statements |
| Performance reviews | Good reviews contradict claims of poor performance |
Steps to Take After Being Fired
1. Request Your Personnel File
Many states require employers to provide copies of your personnel file. This includes performance reviews, disciplinary records, and other documents that may support or contradict your employer’s stated reason for firing you.
2. Document Everything
Write down:
- Exactly what was said when you were fired
- Who was present
- The timeline of events leading to termination
- Any discriminatory comments or treatment you experienced
- Names of witnesses
3. Preserve Evidence
Save copies of:
- Performance reviews and emails praising your work
- Any communications about the firing
- Employee handbook and any contracts
- Evidence of the protected activity (complaint, leave request, etc.)
4. File for Unemployment
Apply for unemployment benefits immediately. Being approved doesn’t affect your wrongful termination claim, and you need income while you pursue your case.
5. Consult an Employment Attorney
An attorney can evaluate whether you have a viable claim and guide you through the process. Many employment attorneys offer free consultations and work on contingency.
Filing a Claim
EEOC Complaint (Discrimination/Retaliation)
For federal discrimination claims, you typically must:
- File a charge with the EEOC within 180 days (or 300 days in states with their own agencies)
- Allow the EEOC to investigate
- Receive a “right to sue” letter
- File a lawsuit within 90 days of receiving the letter
State Agency Complaints
Many states have their own civil rights agencies with different deadlines and procedures. Some offer stronger protections than federal law.
Direct Lawsuit (Contract/Public Policy Claims)
For breach of contract or public policy claims, you may file directly in court without going through an agency first. Statutes of limitations vary by state (typically 2-6 years).
What You Can Recover
If you win a wrongful termination case, you may receive:
- Back pay – Lost wages from termination to verdict
- Front pay – Future lost earnings if reinstatement isn’t feasible
- Benefits – Value of lost health insurance, retirement contributions
- Emotional distress damages – Compensation for anxiety, depression, humiliation
- Punitive damages – In cases of egregious misconduct (capped under federal law)
- Attorney fees – Many employment laws require the employer to pay your legal fees if you win
- Reinstatement – Getting your job back (rarely requested)
Frequently Asked Questions
Can I sue if I was fired without warning?
In at-will states, employers generally don’t have to give warnings before firing you. However, if your employee handbook requires progressive discipline and you weren’t given that process, you may have a breach of contract claim.
What if my employer says I was fired for poor performance?
Employers often claim performance issues to mask illegal motives. If your performance reviews were good, or if you can show the stated reason is pretextual (a cover story), you may still have a case.
Can I sue if I was fired during a probationary period?
Yes. Probationary periods don’t give employers the right to discriminate or retaliate. If you were fired for an illegal reason, the probationary period doesn’t protect your employer.
How long do I have to file a wrongful termination lawsuit?
It depends on your claim:
- EEOC discrimination charges: 180-300 days
- State agency claims: Varies (often 180 days to 3 years)
- Contract claims: 2-6 years depending on state
Consult an attorney quickly to avoid missing deadlines.
Do I need a lawyer for a wrongful termination case?
While not required, wrongful termination cases are complex and employers have experienced legal teams. An employment attorney significantly improves your chances. Many work on contingency, meaning you pay nothing unless you win.
When to Contact a Lawyer
Consider consulting an employment attorney if:
- You were fired shortly after engaging in protected activity
- You believe you were fired due to discrimination
- Your employer violated your employment contract
- You were fired for refusing to do something illegal
- The reason given for your termination doesn’t match reality
- Others in your protected class have been treated similarly
Many employment attorneys offer free consultations and take cases on contingency—you pay nothing unless you recover damages.
Last updated: January 2025
This article provides general information about wrongful termination in the United States. Laws vary by state and individual circumstances. Consult with a qualified employment attorney in your state for advice specific to your situation.
