Scroll Top

Know Your Rights

wrongful termination

This page is for general informational purposes only and should not be considered legal advice. Your situation may not fit the claim you think it would, but it may fit another. Only an attorney with comprehensive knowledge of employment law can tell you whether you have a claim. You should always consult with an attorney before taking or refraining from taking any action in your individual situation.

Wrongful termination simply refers to termination that is illegal or unauthorized. Contrary to public belief, there is no claim solely for wrongful termination. Rather, there must be a separate legal basis to bring a claim. In layman’s terms, this generally means that to have a viable wrongful termination claim the employer must have violated a law or breached your employment agreement. 

wrongful termination in violation of Law

Wrongful termination in violation of the law generally refers to termination which violates a statute, or law enacted by Congress, or in some cases, court made law, referred to as common law. Examples of wrongful termination in violation of a law include:

  • Discrimination – if your employer fires you with a discriminatory motive, you may have a wrongful termination claim for discrimination under the civil rights statutes. Find more information on our Know Your Rights, Discrimination page.
  • Retaliation – if your employer fires you in retaliation for engaging in protected activity or participating in an investigation, you may have a wrongful termination claim for retaliation under the civil rights or other statutes. Find more information on our Know Your Rights, Retaliation page.
  • Violation of Public Policy – if your employer fires you in violation of public policy, you may have a claim for wrongful termination in violation of public policy. While this type of wrongful termination claim covers a broad range of conduct, generally it refers to termination for asserting an established right or refusing to violate the law. Find more information on our Know Your Rights, Public Policy page. 
  • Whistleblower Retaliation – if your employer fires you for reporting a violation of the law to a public body, you may have a wrongful termination in violation of whistleblower laws claim. Find more information on our Know Your Rights, Whistleblower page. 
If your employer has terminated for any of these reasons, or any other reason prohibited by law, you may have a claim for wrongful termination regardless of whether you’re an at-will employee. 

wrongful termination in violation of contract

A wrongful termination claim based on an employment contract arises when the employer breaches a term of your contract when it terminates you. This type of wrongful termination claim can only arise when the employee’s employment contract requires cause for termination. Thus, if you are an at-will employee, your employer may terminate you for any reason, or no reason at all, as long as the reason is not an unlawful one, such as the examples listed above, and you will not have a wrongful termination in violation of employment contract claim. 

However, just because your employment contract states you are an at-will employee does not mean that a court will hold that you are. In fact, courts have held that an employee may only be terminated for cause when the employer’s policies and procedures instill a legitimate expectation of job security. Moreover, if the contract states you are at-will, but is for a definite period of time, or has other conflicting provisions, you may not be an at-will employee. In either case, you may have a claim for wrongful termination in violation of contract even though your employment contract states you are at-will. 

You can find more information on whether you have a for-cause or at-will contract on our Know Your Rights, Am I At-Will? page and more information on a claim for wrongful termination in breach of contract on our Know Your Rights, Breach of Contract page.

do i have a wrongful termination Lawsuit?

As described above, whether you have a wrongful termination claim generally depends on whether your employer violated the law or your employment contract. However, the above only covers the most common examples of wrongful termination. There are various other laws and grounds to bring a wrongful termination claim.

Even if your employer has violated the law or your contract in wrongfully terminating you, the employer may have defenses which you would have to overcome. Additionally, to have a viable lawsuit for wrongful termination, the damages you may recover must justify the time and expense of bring the wrongful termination lawsuit. You can learn more about what your case may be work by visiting our Know Your Rights, Case Valuation page.

The only way to know whether you have a wrongful termination claim is to have an experienced attorney review the facts and law pertinent to your case. If you believe you have been wrongfully terminated, contact us today and we would be happy to review your claim free of charge.

Visit our Homepage or our Wrongful Termination Attorneys page for more information on how we can help you.