What to Do If You’re Wrongfully Terminated from Your Job

What to Do If You’re Wrongfully Terminated from Your Job

What to Do If You’re Wrongfully Terminated from Your Job

Losing your job is never easy—but being fired for the wrong reasons can be especially devastating. If you suspect you were let go unfairly, illegally, or in retaliation for exercising your rights, you may be the victim of wrongful termination—and you don’t have to accept it without a fight.

Wrongful termination happens when an employer fires someone in violation of federal or state laws, employment contracts, or public policy. While not every unfair firing is illegal, many are—and you could be entitled to reinstatement, back pay, or other compensation.

Here’s what to do if you believe you’ve been wrongfully terminated.


1. Understand What Counts as Wrongful Termination

In most U.S. states, employment is “at-will,” which means employers can fire employees for almost any reason—or no reason at all—so long as it’s not illegal. However, certain reasons for termination violate the law and may entitle you to legal remedies.

Common examples of wrongful termination include:

  • Discrimination based on race, gender, age, disability, religion, national origin, or pregnancy
  • Retaliation for reporting illegal activity (whistleblowing), harassment, or safety violations
  • Termination after filing a workers’ compensation claim
  • Firing in violation of an employment contract
  • Letting you go because you took protected leave (under FMLA or similar laws)
  • Dismissing you for refusing to engage in illegal conduct

If your firing falls into one of these categories, you may have a case.


2. Request a Written Explanation (If Possible)

While employers are not legally required to give a reason for your termination in most states, some will provide a termination letter or allow you to request your personnel file.

If your employer gives a reason that seems suspicious, inconsistent, or blatantly false, make a note of it. This could help prove that the stated reason was just a pretext for an illegal motive.

If the termination was abrupt or based on vague accusations (like "not a good fit"), that can sometimes signal something deeper—especially if you recently made a complaint or stood up for your rights.


3. Document Everything

Gather and preserve any evidence that supports your claim. This might include:

  • Emails, text messages, or memos related to your performance or the events leading to your termination
  • Performance reviews, especially if they were positive
  • Witness statements from coworkers
  • Copies of complaints or reports you made internally
  • Employment contract or offer letter
  • Company policies or employee handbooks

Create a detailed timeline of events, including when issues started, what you reported (if anything), and how your employer responded.


4. Consider If You Experienced Discrimination or Harassment

If you were let go shortly after:

  • Disclosing a pregnancy or disability
  • Requesting a religious accommodation
  • Reporting sexual harassment or racist remarks
  • Participating in an investigation
  • Speaking up about unequal treatment

…your termination may be discriminatory or retaliatory. 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) protect workers from being fired for these reasons.


5. File a Complaint with the Equal Employment Opportunity Commission (EEOC)

If you believe you were fired because of discrimination or retaliation, you must file a complaint with the EEOC before you can pursue a lawsuit under federal law.

  • You typically have 180 days from the date of termination to file (or up to 300 days in some states).
  • You can file online at eeoc.gov or through a local EEOC office.
  • The EEOC will investigate and may attempt to mediate or resolve the claim.
  • If they do not resolve it, they will issue a “Right to Sue” letter, allowing you to file a lawsuit in court.

Many states also have their own equal employment agencies that can take similar action or extend deadlines.


6. Consider Filing for Unemployment

Even if you believe your termination was wrongful, apply for unemployment benefits right away. In many cases, you can receive temporary financial support while pursuing legal remedies.

  • If your employer tries to block your benefits by claiming you were fired for misconduct, you have the right to appeal the decision.
  • Gather documentation to show your termination was unfair, pretextual, or unjustified.

Unemployment hearings can sometimes reveal valuable information—such as contradictory statements from your employer—that may support your legal case later.


7. Speak with an Employment Attorney

Employment laws can be complex and vary by state. A knowledgeable employment lawyer can:

  • Evaluate your case and explain your legal options
  • Help you file EEOC or state agency claims
  • Negotiate a settlement or severance agreement
  • Represent you in court if needed

Many employment attorneys offer free consultations or work on a contingency basis, meaning they only get paid if you win or settle your case.


8. Don’t Sign Anything Without Legal Advice

Your employer may ask you to sign:

  • A severance agreement
  • A release of claims
  • A non-disparagement or confidentiality clause

Read everything carefully and do not sign anything if you suspect your termination was illegal. These documents may waive your right to sue or discuss the circumstances of your firing. Have an attorney review the paperwork before signing.

You might still be able to negotiate severance or additional compensation—especially if the employer wants to avoid legal action.


9. Keep Your Professional Reputation Intact

Being fired—especially wrongfully—can feel embarrassing or isolating. But don’t let it derail your future career.

  • Request written references from former colleagues if appropriate
  • Update your resume and LinkedIn with skills and accomplishments, not the reason you left
  • Be honest with potential employers but frame your departure professionally

Focus on your next steps while your legal matter unfolds. Many people have moved on from wrongful terminations to find better roles and supportive work environments.


10. Know the Potential Remedies

If your wrongful termination case is successful, you may be entitled to:

  • Back pay for lost wages
  • Reinstatement (if desired)
  • Compensatory damages for emotional distress
  • Punitive damages, if the employer acted egregiously
  • Attorney’s fees and court costs

Some cases are resolved through settlements rather than court trials, with confidential agreements that include financial compensation and job references.


Don’t Be Afraid To Get Help
If you’re facing legal questions, safety concerns, or emotional turmoil due to any of the situations described above—especially domestic abuse—don’t try to handle it alone. Professional guidance can make all the difference in ensuring your rights are protected and your next steps are clear. Whether you need legal advice, help with documentation, or assistance navigating local resources, speaking to an expert can bring peace of mind. Click here to get connected with professional support tailored to your situation.

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