Losing a job is stressful, but being fired illegally is even more devastating. If you believe you were wrongfully terminated, understanding the legal steps to take can help you seek justice. A wrongful termination lawsuit can be complex, requiring compelling evidence and a seasoned attorney to navigate the legal landscape. This guide explains everything you need to know, from identifying wrongful termination to filing a claim, gathering evidence, and securing an experienced employment lawyer.
However, it’s essential to remember, that this article provides general legal information but does not constitute legal advice. For specific guidance regarding your situation, reach out to our qualified team of employment lawyers.
Understanding Wrongful Termination Under Employment Law
Wrongful termination occurs when an employer fires an employee for illegal reasons. Employment law protects employees from being terminated based on unlawful reasons such as discrimination, retaliation, or violation of an employment contract.
Common Unlawful Reasons for Termination:
Discrimination based on a protected class: State and federal laws prohibit firing someone due to race, gender, age, disability, sexual orientation, or religion.
Retaliation for raising concerns: Employers cannot fire employees for reporting illegal actions, workplace safety violations, or discrimination.
Violation of medical leave rights: The Family and Medical Leave Act (FMLA) ensures job protection for employees on qualified medical leave.
Breach of an employment contract: If a written, oral, or implied employment contract guarantees job security, wrongful dismissal may occur if an employer fires the employee outside those terms.
If your termination falls under any of these categories, you may have a strong wrongful termination claim. Consulting an experienced employment lawyer is the first step to understanding your legal rights and options.
Step 1: Gather Evidence to Support Your Wrongful Termination Claim
Strong cases require strong evidence. When filing a wrongful termination lawsuit, gathering relevant evidence is critical. You must prove that your employer violated state or federal laws when terminating your employment.
Essential Evidence to Collect:
Employment contract and company policies: These documents establish the terms of your employment and whether your termination was lawful.
Performance reviews: Positive performance reviews can contradict an employer’s claims of poor job performance.
Text messages, emails, and other communications: Any communication that shows discriminatory comments, retaliation, or illegal actions can serve as key evidence.
Witness statements: Co-workers who witnessed unfair treatment can provide compelling evidence to strengthen your case.
Termination notice and other documents: Review all paperwork given to you at the time of termination to ensure consistency in the employer’s reasoning.
Compiling thorough documentation will increase your chances of success. An experienced employment attorney can help analyze your evidence and determine the best legal strategy.
Step 2: File a Formal Complaint with the Equal Employment Opportunity Commission (EEOC)
Before taking legal action, you may need to file a complaint with the Equal Employment Opportunity Commission (EEOC). This federal agency enforces laws that protect employees from wrongful dismissal due to discrimination or retaliation. While filing an EEOC complaint is a crucial first step, the process can be legally complex and varies by state. Consulting an employment attorney can help ensure proper documentation and adherence to deadlines.
How to File an EEOC Complaint:
Submit a Charge of Discrimination: This is a formal complaint detailing how you were wrongfully terminated.
Cooperate with the EEOC Investigation: The agency will review your claim, contact your former employer, and gather additional information.
Attempt Mediation with a Neutral Third Party: The EEOC may recommend mediation to resolve the issue outside of court.
Receive a Right to Sue Letter: If the EEOC determines your case has merit, they will issue a letter allowing you to file a wrongful termination lawsuit.
Not all wrongful termination cases require EEOC involvement, but in cases of discrimination-based termination, it is a necessary step before pursuing a wrongful termination suit.
Wrongful termination claims have strict deadlines, known as statutes of limitations, which vary by state and type of claim. For example, EEOC complaints must typically be filed within 180 or 300 days, depending on jurisdiction.
Step 3: Hire an Experienced Wrongful Termination Attorney
Navigating a wrongful termination lawsuit involves complex legal procedures. Hiring an experienced employment lawyer ensures you understand state and federal law and maximize your chances of success.
How an Attorney Helps Your Case:
Evaluating your wrongful termination claim: A wrongful termination attorney will assess whether your termination violated employment law.
Presenting legal counsel: Your attorney will guide you through the legal process, ensuring all required steps are taken.
Handling the discovery process: The attorney will obtain relevant evidence, interview witnesses, and request documents from your former employer.
Negotiating settlements: Many wrongful termination cases are resolved without going to trial. A seasoned attorney can negotiate compensation for lost wages and damages.
Representing you in court: If your case proceeds to trial, your wrongful termination lawyer will present evidence and argue your case effectively.
Step 4: File a Wrongful Termination Lawsuit
Once you’ve gathered evidence, filed a complaint (if required), and sought legal counsel, the next step is filing a wrongful termination lawsuit.
Key Aspects of a Wrongful Termination Lawsuit:
Identify the Legal Grounds: Determine whether your case is based on discrimination, retaliation, breach of an employment contract, or another unlawful reason.
File in the Correct Court: Your lawyer will determine whether your claim should be filed under state laws or federal law.
Proceed Through the Discovery Process: Both the employee and former employer exchange relevant evidence, including documents, witness statements, and other forms of proof.
Attempt Settlement Negotiations: Many cases settle before trial, allowing you to receive compensation without extended litigation.
Prepare for Trial: If a settlement isn’t reached, your wrongful termination lawyer will present your case in court.
Step 5: Seek Compensation and Justice
Successful wrongful termination cases may result in financial compensation, though many settle before reaching court. Settlement amounts vary based on factors like lost wages, emotional distress, and state laws. A wrongful termination claim may entitle you to:
Lost wages and benefits: Recover income and benefits lost due to termination.
Emotional distress damages: Compensation for the mental anguish caused by wrongful dismissal.
Reinstatement to your job: In some cases, courts may order reinstatement.
Punitive damages: If your employer’s actions were especially malicious, they may be ordered to pay additional damages.
Your wrongful termination attorney will help you seek the maximum compensation allowed under the law.
Step 6: Understand the Appeals Process
Winning or losing a wrongful termination lawsuit doesn’t always mean the case is over. If the court rules against you, or if your former employer disagrees with the outcome, the case may move into the appeals process. Understanding how appeals work can help you prepare for what comes next.
When to Consider an Appeal
If you lose your case, your employment attorney will review the trial records to determine whether legal errors affected the outcome. You may have grounds for an appeal if:
Procedural mistakes occurred – If the court misapplied state or federal laws or incorrectly ruled on admissible evidence, you may have a valid appeal.
Judicial bias or misconduct was present – If the judge unfairly dismissed key arguments, favored the former employer, or showed clear bias, an appeal may be justified.
The verdict contradicts the law – If the ruling does not align with employment law protections or the weight of the relevant evidence, an appeal may be necessary.
Important: New evidence cannot be introduced in an appeal. If new evidence surfaces that could change the case outcome, your attorney must file a motion for a new trial instead.
The Appeals Process
If an appeal is warranted, your wrongful termination lawyer will guide you through the process:
File a Notice of Appeal – This legal document informs the court of your intent to appeal. Deadlines vary by state and federal law, ranging from 10 to 60 days after the ruling.
Review the Trial Record – Your attorney will analyze trial transcripts, witness statements, and other documents to identify legal errors.
Submit an Appellate Brief – This formal written argument explains why the trial court’s decision was incorrect based on the law.
Oral Arguments (if required) – Some appellate courts allow attorneys to present their case before a panel of judges. However, many appeals are decided based solely on written briefs.
Final Decision – The appellate court may:
Affirm the decision (uphold the ruling).
Reverse the decision (overturn the ruling).
Remand the case (send it back to trial for reconsideration).
Modify the ruling (adjust certain aspects, such as damages awarded).
Not all cases qualify for further appeal. Many cases end at the state appellate level or the federal circuit court unless the issue is significant enough for the U.S. Supreme Court to review—an extremely rare outcome.
Laws That Protect Against Wrongful Termination
Various state and federal laws protect employees from being fired illegally. Understanding these laws can help you determine whether your termination was unlawful and what legal actions you can take.
Key Federal Laws Protecting Employees:
Title VII of the Civil Rights Act of 1964: Prohibits discrimination based on race, color, religion, sex, or national origin.
Americans with Disabilities Act (ADA): Protects employees with disabilities from discrimination and requires reasonable accommodations.
Age Discrimination in Employment Act (ADEA): Protects workers over 40 from termination based on age.
Family and Medical Leave Act (FMLA): Grants eligible employees job-protected leave for medical or family reasons.
Occupational Safety and Health Act (OSHA): Prohibits firing employees who report unsafe working conditions.
Whistleblower Protection Act: Shields employees from retaliation for reporting illegal activities or fraud.
State Laws and Additional Protections:
Each state has its own employment laws that may provide additional protections beyond federal law. Many states have laws that:
Prohibit wrongful termination based on marital status, sexual orientation, or gender identity.
Provide additional whistleblower protections.
Offer greater job security through public policy exceptions and implied contract rules.
Employees who believe they were fired illegally should consult an experienced employment attorney to determine which state and federal laws apply to their case. Understanding these laws is crucial in building a strong wrongful termination lawsuit.
At-Will Employment and Its Exceptions
Most employees in the U.S. work under “at-will employment,” which means employers can terminate employees for any reason, except those that violate anti-discrimination or whistleblower laws. However, proving wrongful termination requires substantial evidence, such as discriminatory statements, policy violations, or retaliation records. However, several important exceptions protect employees from being wrongfully terminated.
Exceptions to At-Will Employment:
Public Policy Exception: Employers cannot fire an employee for reasons that violate public policy, such as refusing to engage in illegal activities or exercising legal rights like voting or whistleblowing.
Implied Contract Exception: If an employer has made verbal or written assurances of continued employment, those promises may form an implied contract, preventing termination without just cause.
Covenant of Good Faith Exception: Some states recognize a duty for employers to act in good faith, meaning they cannot terminate an employee to avoid obligations like paying retirement benefits or commissions.
Understanding these exceptions can help employees determine whether their termination was legal or if they have grounds to pursue a wrongful termination lawsuit.
Alternative Dispute Resolution (ADR) in Wrongful Termination Cases
Before pursuing litigation, many terminated employees explore Alternative Dispute Resolution (ADR) methods, such as mediation and arbitration, to resolve disputes more quickly and cost-effectively.
Common ADR Methods:
Mediation: A neutral third party facilitates discussions between the employee and employer to reach a mutually agreeable resolution. Mediation is confidential, less formal, and often results in faster settlements.
Arbitration: A private judge (the arbitrator) reviews the evidence and makes a binding decision. Many employment contracts include mandatory arbitration clauses, which prevent employees from suing in court.
Settlement Negotiations: Sometimes, direct negotiations with the employer, often guided by legal counsel, can result in compensation without court proceedings.
ADR can be an effective alternative for wrongful termination cases, saving time and legal expenses while still securing fair outcomes.
However, while mediation and arbitration can resolve disputes outside of court, employees should be aware that arbitration clauses in employment contracts often favor employers. Reviewing your contract with a lawyer before proceeding with ADR can help protect your legal rights.
Common Mistakes to Avoid in Wrongful Termination Cases
Wrongful termination lawsuits require meticulous planning. Making certain mistakes can weaken your claim and reduce your chances of success.
Failing to Document Evidence: Without solid proof—such as performance reviews, emails, and witness statements—claims become harder to prove.
Waiting Too Long to Take Action: State laws impose deadlines for filing complaints. Delays can result in the loss of legal rights.
Posting on Social Media: Public posts can be used against you in court. Avoid discussing your case online.
Signing Severance Agreements Without Legal Review: Some severance agreements include waivers that prevent employees from filing claims. Always have an attorney review any agreement before signing.
Failing to Seek Legal Counsel: An experienced lawyer can guide you through the process, ensuring you take the right steps at the right time.
Avoiding these common pitfalls can significantly improve your chances of winning a wrongful termination lawsuit.
Frequently Asked Questions About Wrongful Termination
1. My employer fired me without a reason. Do I have a case?
In “at-will employment” states, employers can fire employees without cause. However, if you were fired illegally for unlawful reasons such as discrimination, retaliation, or exercising your legal rights, it may be considered wrongful termination. A seasoned attorney can assess your situation to determine whether you have a wrongful termination suit under state or federal laws.
2. How do I prove that my employer fired me for illegal reasons?
Gather compelling evidence like text messages, emails, performance reviews, and witness statements. Look for discriminatory comments, sudden negative job evaluations, or retaliation after raising concerns about workplace misconduct. Thorough documentation is key in strengthening your case.
3. I was fired right after taking medical leave. What are my rights?
The Medical Leave Act (FMLA) protects employees who take qualifying medical leave. If your employer retaliated against you for taking leave, it could be considered wrongful termination. You may be able to file a complaint under both state and federal laws.
4. What if my employer gave a false reason for firing me?
Employers often try to justify a termination with fabricated reasons. If you can show that the real reason was illegal—such as discrimination or retaliation—your wrongful termination suit gains strength. Other documents, like prior positive performance reviews, can help disprove their claims.
5. Can I sue my employer if I was fired for speaking up about discrimination?
Yes, firing an employee for raising concerns about discrimination is illegal retaliation. If you reported mistreatment based on race, gender, sexual orientation, or another protected class, and were fired as a result, you may have a strong claim under civil rights laws.
6. Do I need to file a complaint before suing my employer?
In many cases, yes. If your wrongful termination lawsuit involves discrimination, you may need to file with the Equal Employment Opportunity Commission (EEOC) or a state agency first. Consulting a seasoned attorney can help you navigate this process.
7. My employer claims I was fired for poor performance, but I have great reviews. What should I do?
If your performance reviews contradict your employer’s claims, it could indicate a pretext for wrongful termination. Keep records of past evaluations, promotions, and positive feedback as compelling evidence in such cases.
8. What role does a neutral third party play in wrongful termination cases?
A neutral third party, like a mediator or arbitrator, can help resolve disputes before litigation. Some employment contracts require arbitration, so check your agreement. If arbitration is not mandatory, a lawsuit may be an option.
9. Can I use text messages and emails as evidence?
Absolutely. Text messages, emails, and other forms of communication can serve as compelling evidence of discrimination, retaliation, or pretext for termination. Keep copies of other documents that support your claims.
10. I was fired after reporting safety violations. Is this wrongful termination?
Yes, terminating an employee for whistleblowing on safety violations is illegal. Many states have laws protecting workers who report unsafe conditions. If your employer retaliated, you may have a case under relevant laws.
11. What if my employer retaliated against me for discussing wages with coworkers?
Federal law protects employees who discuss wages, benefits, and working conditions. If you were fired for talking about pay disparities or unionizing, your employer may have violated state or federal laws.
12. Can I be fired for my sexual orientation?
Discrimination based on sexual orientation is illegal under federal and many state laws. If your termination was motivated by bias against your identity, you may have grounds for a wrongful termination suit under civil rights protections.
13. What happens during the discovery process in a wrongful termination lawsuit?
The discovery process allows both sides to collect evidence. This may include requesting other documents, emails, performance reviews, and other communications related to your firing. Your attorney can also take depositions and obtain witness testimony.
14. What if I signed a contract stating I could be fired at any time?
Even if your contract states you are an at-will employee, terminations for unlawful reasons—such as discrimination or retaliation—are still illegal. The contract does not override your rights under state or federal laws.
15. How can a lawyer help me with my wrongful termination case?
An experienced employment attorney can evaluate your case, gather compelling evidence, navigate the discovery process, and represent you in negotiations or court. Seeking professional advice early can make a significant difference in your case.
Take Legal Action Today
If you were fired illegally, don’t wait—seeking legal advice from an experienced lawyer can help you fight back. At Bourassa Law Group, our wrongful termination lawyers are dedicated to defending employee rights and holding employers accountable.
Why Choose Bourassa Law Group?
Experienced employment lawyers with a proven track record
Personalized legal counsel tailored to your situation
A commitment to justice for wrongfully terminated employees
Don’t let wrongful termination go unchallenged.
Contact us today for a free consultation and let an experienced employment attorney help you reclaim your rights.
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