I was fired. Was it wrongful termination, and what can I do?

Can my employer fire me for no reason? At-will employment explained

In the US, a job without a written contract for a set period is usually at will. Either side can end it at any time, and the employer generally does not need a good reason. What the law controls is the reason.

The U.S. Department of Labor puts it this way: if a firing is not because of discrimination, whistleblowing or a complaint under a law the Department enforces, it is governed only by any private contract you have with your employer, or a union contract.

At will does not allow your employer to fire you:

• Because of your race, color, religion, sex, national origin, age (40 or older), disability or genetic information.
• To punish you for complaining about discrimination, unpaid wages or a safety hazard, or for taking part in an investigation.
• For using or asking for leave you are entitled to under the Family and Medical Leave Act (FMLA).
• For joining or supporting a union, or for acting together with coworkers about pay or working conditions.
• Because of your military service, or your service on a federal jury.
• In breach of a written employment contract or a union contract.

Illegal reasons to fire someone, and the law behind each

• Discrimination. Firing because of race, color, religion, sex (including pregnancy, transgender status and sexual orientation), national origin, age (40 or older), disability or genetic information. Most of these laws cover employers with 15 or more employees; age discrimination, 20 or more.Title VII · ADA · ADEA · GINA
• Retaliation for a discrimination complaint. Firing you because you opposed discrimination, filed a charge, or testified or took part in an investigation, proceeding or hearing.42 U.S.C. § 2000e-3(a)
• Retaliation for a wage complaint. Firing you because you complained about pay under the Fair Labor Standards Act. Complaints made out loud, and complaints made only to your employer, are protected too.29 U.S.C. § 215(a)(3)
• Reporting a safety or health hazard. Firing you because you filed a safety complaint or started a proceeding under the Occupational Safety and Health Act.29 U.S.C. § 660(c)
• Other whistleblowing. OSHA also enforces the whistleblower protections in more than 20 other federal laws, for example on clean air and water, aviation, food safety and securities fraud (Sarbanes-Oxley).whistleblowers.gov
• Family and medical leave. Interfering with FMLA leave, or firing you for using or asking for it, or for opposing a practice the FMLA makes unlawful. Eligible workers get up to 12 workweeks of unpaid, job-protected leave a year.29 U.S.C. § 2615
• Union and group activity. Firing you to discourage union membership, or for acting together with coworkers for mutual aid or protection, such as about pay or working conditions. This federal law does not cover supervisors, independent contractors, farm workers, domestic workers or government employers.29 U.S.C. §§ 152, 157, 158
• Military service. Firing you because you serve, served, applied to serve or have an obligation to serve in the uniformed services.38 U.S.C. § 4311
• Federal jury service. Firing, threatening or intimidating a permanent employee because of service on a federal jury.28 U.S.C. § 1875

State law: public policy, contracts and more protection

States add their own protections, and this is where the rules differ most. Courts in many states let a fired worker sue when the firing goes against the state's public policy, for example firing someone for refusing to break the law or for filing a workers' compensation claim. Some states treat promises in an employee handbook as an implied contract, and a few read a duty of good faith into the job. Which of these your state recognizes depends on its own courts and laws.

Many states and cities also have their own laws against job discrimination, enforced by their own agencies. If your employer is too small for the federal laws, a state or local law may still cover it, and the EEOC can refer you to the agency that enforces it.

Wrongful termination deadlines: which agency, and how long you have

Each law has its own agency and its own clock. If more than one could apply, watch the shortest deadline.

• For the EEOC, each discriminatory act usually has its own deadline. If you were demoted and later fired, a charge filed after the firing may be too late for the demotion.
• Complaining about unpaid wages and then being fired? See unpaid overtime and wages for the Wage and Hour Division.
• State-law claims have their own deadlines, which vary by state.

What to do right after you are fired

1. 1Write down what happened, today. The date, who told you, what they said, the reason they gave and who else was there. Add earlier events that may matter, such as a complaint you made or leave you asked for, with dates.
2. 2Keep your records. Your termination letter or message, pay stubs, schedules, performance reviews, and emails or texts about the firing.
3. 3Check your deadline. Find your reason in the table above. For a safety complaint to OSHA it is only 30 days.
4. 4Ask for your final paycheck. When it is due depends on your state. See your final paycheck.
5. 5Apply for unemployment benefits. Each state runs its own program and decides, under state law, whether you lost the job through no fault of your own. Apply as soon as you can. If you are turned down, see how to appeal an unemployment denial.
6. 6Ask about your health coverage. Some workers and their families have the right to keep their group health coverage for a limited time after a job ends, under COBRA.
7. 7Read before you sign anything. A severance agreement usually asks you to give up your claims. See the next section.
8. 8File with the right agency, or talk to a lawyer. The EEOC, OSHA, the NLRB, the Wage and Hour Division and VETS each take complaints about the laws they enforce.

Offered severance? Read this before you sign

A severance agreement is a contract about the terms of your exit. In exchange for money or something else of value, you usually agree to release your claims against the employer, including discrimination claims.

• If you are 40 or older, a valid waiver of age discrimination claims must give you at least 21 days to consider it (45 days in a group layoff), 7 days to change your mind after you sign, and written advice to talk to a lawyer first.
• No agreement can limit your right to testify, assist or participate in an EEOC investigation, hearing or proceeding.
• Ask for the offer in writing, and use the time you are given to read it.

Do I need a wrongful termination lawyer?

You can contact each agency yourself, and you don't need a lawyer to file a complaint. Filing with the Wage and Hour Division is free. Talk to an employment lawyer or a legal aid office if you have been offered severance, more than one law may apply, your deadline is close, or you are thinking about a lawsuit.

Common questions

Official sources

1. U.S. Department of Labor: Termination dol.gov
2. Bureau of Labor Statistics, Monthly Labor Review (Jan. 2001): The employment-at-will doctrine, three major exceptions (PDF) bls.gov
3. Montana Code Annotated § 39-2-904: elements of wrongful discharge legmt.gov
4. EEOC: Prohibited employment policies and practices eeoc.gov
5. EEOC: Retaliation eeoc.gov
6. EEOC: Coverage of business and private employers eeoc.gov
7. EEOC: Time limits for filing a charge eeoc.gov
8. EEOC: How to file a charge of employment discrimination eeoc.gov
9. EEOC: Understanding waivers of discrimination claims in employee severance agreements (Q&A) eeoc.gov
10. 42 U.S.C. § 2000e-3, Title VII: retaliation (U.S. Code, 2024 ed.) govinfo.gov
11. U.S. Department of Labor: Fact Sheet #77A, prohibiting retaliation under the FLSA dol.gov
12. U.S. Department of Labor: Complaints and the investigation process (FAQ) dol.gov
13. U.S. Department of Labor: How to file a complaint with the Wage and Hour Division dol.gov
14. 29 U.S.C. § 660(c), OSH Act § 11(c): discharge for safety complaints (U.S. Code, 2024 ed.) govinfo.gov
15. OSHA Whistleblower Protection Program: File a complaint, and filing deadlines whistleblowers.gov
16. OSHA Whistleblower Protection Program: Statutes whistleblowers.gov
17. U.S. Department of Labor: Family and Medical Leave Act dol.gov
18. U.S. Department of Labor: Fact Sheet #77B, protection for individuals under the FMLA dol.gov
19. 29 U.S.C. § 2615, FMLA: prohibited acts (U.S. Code, 2024 ed.) govinfo.gov
20. 29 U.S.C. § 2617(c), FMLA: time limits for a lawsuit (U.S. Code, 2024 ed.) govinfo.gov
21. 29 U.S.C. § 152, NLRA: definitions of employer and employee (U.S. Code, 2024 ed.) govinfo.gov
22. 29 U.S.C. § 157, NLRA § 7: rights of employees (U.S. Code, 2024 ed.) govinfo.gov
23. 29 U.S.C. § 158, NLRA § 8: unfair labor practices (U.S. Code, 2024 ed.) govinfo.gov
24. 29 U.S.C. § 160(b), NLRA § 10(b): the six-month limit for charges (U.S. Code, 2024 ed.) govinfo.gov
25. U.S. Department of Labor, VETS: Know your rights under USERRA dol.gov
26. U.S. Department of Labor, VETS: File a USERRA complaint dol.gov
27. 38 U.S.C. § 4311, USERRA: discrimination and retaliation prohibited (U.S. Code, 2024 ed.) govinfo.gov
28. 38 U.S.C. § 4327(b), USERRA: no limit on the period for filing (U.S. Code, 2024 ed.) govinfo.gov
29. 28 U.S.C. § 1875: protection of jurors' employment (U.S. Code, 2024 ed.) govinfo.gov
30. U.S. Department of Labor: Unemployment insurance dol.gov

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