Losing your job is difficult—but it can be especially painful if your dismissal was unfair or illegal. Wrongful termination happens when an employee is fired in a way that violates employment laws, contractual agreements, or public policy.
What Is Wrongful Termination?
Wrongful termination occurs when an employer fires an employee for reasons that are illegal under federal or state law. Common examples include:
Discrimination based on race, gender, religion, age, sexual orientation, or disability
Retaliation for reporting misconduct, unsafe work conditions, or discrimination
Breach of employment contract, such as firing someone without proper notice
Violation of public policy, such as punishing an employee for refusing to do something illegal
Retaliation for using legal rights, like medical leave under FMLA
To determine if you have a valid claim, review your employment agreement, company policies, and applicable laws in your state.
1. Gather Documentation
Start by collecting all relevant evidence that supports your claim. This can include:
Employment contracts or offer letters
Company policies or handbooks
Performance evaluations
Emails, messages, and written communications
Witness statements from coworkers
Documentation of complaints or reports you made
Having solid, well-organized evidence will strengthen your case significantly.
2. File a Complaint with a Government Agency
Before taking legal action, you may be required to file a formal complaint with the Equal Employment Opportunity Commission (EEOC) or your state labor agency—especially if your claim involves discrimination or retaliation.
These agencies will review your case and may offer mediation. If the issue isn't resolved, they will give you a Right to Sue letter, allowing you to move forward with a lawsuit. Be sure to file within the required deadlines, which can vary depending on your location.
3. Consult an Employment Attorney
Wrongful termination laws can be complex, and the success of your case depends on the specific circumstances. It’s wise to speak with an experienced employment lawyer who can:
Assess the strength of your claim
Help you file with the appropriate agency
Represent you in negotiations, mediation, or court
Seek compensation or other legal remedies on your behalf
Most employment attorneys offer free consultations, so you can explore your options without commitment.
4. File a Lawsuit if Necessary
If you cannot resolve your case through the administrative process, your lawyer may recommend filing a lawsuit. This involves:
Drafting and submitting a formal complaint to the court
Entering the discovery phase, where both sides exchange evidence
Participating in settlement talks or court hearings
Preparing for trial, if the case goes that far
5. Present Your Case in Court
During the legal proceedings, both you and your former employer will present evidence, call witnesses, and make arguments. Your attorney will aim to prove your termination was unlawful and will advocate for remedies such as:
Reinstatement
Back pay and lost benefits
Emotional distress damages
Legal fees and other compensation
6. Resolve the Case
Many wrongful termination cases settle before trial through negotiation or mediation. If a fair settlement can’t be reached, the case may proceed to court, where a judge or jury will decide the outcome.
While the legal process can be emotionally challenging, the right legal support can make it more manageable and increase your chances of success.
Examples of Wrongful Termination
Here are some real-world situations that may qualify as wrongful termination:
✅ Discrimination
A pregnant employee is fired under the excuse of “performance issues” shortly after disclosing her pregnancy. This could be illegal if pregnancy was the true reason for termination.
✅ Retaliation
An employee reports safety violations to OSHA and is fired soon after. If the firing was retaliation, it may violate whistleblower protection laws.
✅ Breach of Contract
An employee is terminated without following procedures outlined in their employment agreement. If proper notice or cause wasn’t given, it may be a breach of contract.
✅ Violation of Public Policy
An employee is fired for refusing to take part in illegal activity. Dismissing someone for doing the right thing is often considered wrongful termination.
✅ Constructive Discharge
An employee quits because of constant harassment or unsafe working conditions that the employer ignores. If quitting was the only option, this may count as forced resignation—or constructive discharge.
✅ FMLA Retaliation
An employee takes legally protected medical leave and is fired upon returning to work. If the firing is tied to the leave, it may violate the Family and Medical Leave Act (FMLA).
✅ Whistleblower Retaliation
An employee reports fraud and is demoted or fired. This is protected activity, and retaliation is grounds for legal action.
✅ Discrimination Based on Sexual Orientation
An LGBTQ+ employee is fired shortly after revealing their orientation, despite good performance. If orientation was a factor, the termination may violate anti-discrimination laws.
Final Thoughts: Know Your Rights, Take Action
If you’ve been wrongfully terminated, don’t stay silent. You have legal rights—and resources—to fight back. With the right evidence and legal support, you can seek justice, hold your employer accountable, and pursue the compensation you deserve.
Let OAS INC Help You Navigate the Process
At Oasinc, we specialize in supporting employees who have experienced wrongful termination. With dedicated services in California, Texas, New York, and Florida, our team is here to guide you through every step of your case.
? Contact us today for a confidential consultation. We’ll help you understand your options and fight to protect your rights.
