What Qualifies as Wrongful Termination?

Losing a job is always stressful, but when you believe you were fired unfairly, it can feel even more overwhelming. Many people assume that being terminated without cause is illegal, but in most cases, employment in the U.S. is “at-will,” meaning employers can let employees go for almost any reason. However, there are exceptions. So, what qualifies as wrongful termination? Let’s break it down.

1. Discrimination-Based Termination

It is illegal to fire someone based on their race, color, religion, gender, national origin, age, disability, or genetic information. These protections are enforced under federal laws like Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). Examples of discrimination-based wrongful termination include:

• Firing an employee after they disclose a pregnancy
• Letting someone go because of their age, especially if they are over 40
• Terminating someone based on their religious practices or attire

2. Retaliation for Reporting Misconduct

Employers cannot legally fire you for reporting illegal activities, harassment, or unsafe working conditions. This is known as retaliation, and it’s protected under laws like the Occupational Safety and Health Act (OSHA) and the Whistleblower Protection Act. Examples include:

• Firing an employee who reports sexual harassment
• Letting someone go after they report wage theft or discrimination
• Terminating an employee for participating in an investigation against the company

3. Breach of Employment Contract

If you have a written, verbal, or implied contract that outlines specific terms of employment, firing you in violation of that agreement may constitute wrongful termination. For example:

• Being fired without the notice period stipulated in your contract
• Termination despite meeting all performance expectations outlined in an agreement

4. Violating Public Policy

Firing someone for reasons that go against public policy is considered wrongful termination. This includes:

• Terminating an employee for taking legally protected leave, such as family or medical leave under the FMLA
• Letting someone go for serving on a jury or voting in an election
• Firing an employee for refusing to engage in illegal activities at work

5. Constructive Discharge

In some cases, an employer might not directly fire an employee but creates such a hostile or intolerable work environment that the employee feels forced to quit. This is known as constructive discharge and can be grounds for a wrongful termination claim if the environment violates employment laws.

6. How to Know If You Have a Wrongful Termination Case

If you suspect you were wrongfully terminated, consider the following steps:

• Review your employment contract: Check for any terms regarding termination and whether they were violated.
• Document everything: Keep records of emails, performance reviews, and any communication related to your termination.
• Look for patterns: If others in similar situations weren’t fired, or if you were treated differently due to a protected characteristic, this could support your claim.
• Consult with an employment attorney: A lawyer can evaluate your case and help determine if you have grounds for legal action.

7. What Compensation Can You Receive?

If you win a wrongful termination case, you might be entitled to various forms of compensation, including:

• Lost wages: Back pay from the time of termination until a settlement or court ruling.
• Emotional distress damages: Compensation for the mental and emotional toll of being wrongfully terminated.
• Reinstatement: In some cases, you may be reinstated to your former position.
• Punitive damages: If your employer’s actions were particularly egregious, the court may award additional damages to punish them.

Final Thoughts

Wrongful termination isn’t just about being fired unfairly—it’s about being fired for reasons that violate the law. Understanding your rights as an employee is the first step in determining whether you have a case. If you believe you were wrongfully terminated, consulting with an experienced employment attorney can help you navigate the legal process and seek justice for the harm you’ve suffered. We recommend wrongful termination lawyers maryland