Wrongful Termination: When Getting Fired Is Illegal

Wrongful termination occurs when an employer fires an employee in violation of federal or state law, even though most U.S. employment is at-will. While employers generally can terminate workers for any reason or no reason, federal statutes prohibit firing based on discrimination, retaliation for protected activities, contract violations, or public policy violations. Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA) create federal wrongful termination protections. State laws often provide broader protections, including implied contract exceptions, good faith and fair dealing covenants, and expanded public policy protections. Understanding which laws apply to your termination determines your rights, deadlines, and potential remedies.

Understanding At-Will Employment: The Default Rule

The United States follows the at-will employment doctrine. This means employers can terminate employees at any time, for any reason, or no reason at all—as long as the reason isn’t illegal. Similarly, employees can quit at any time without giving notice or reason.

At-will employment is the default rule in all 50 states except Montana, which requires good cause for termination after a probationary period. The doctrine gives employers flexibility to manage their workforce and employees freedom to change jobs.

What At-Will Actually Means

At-will employment allows terminations that may seem unfair or arbitrary. Your employer can fire you because:

They don’t like your personality
Business is slow and they need to reduce costs
They prefer to hire someone else
You disagreed with your supervisor
They’re restructuring the department
No reason at all (they don’t need to explain)

None of these reasons violate at-will employment principles, even if they feel unjust. At-will means employers have broad discretion over termination decisions.

The Critical Exceptions to At-Will

The at-will doctrine has crucial limits. Employers cannot fire you for reasons that violate federal or state law. These exceptions transform potentially legal at-will terminations into wrongful terminations:

Discrimination: Can’t fire based on protected characteristics (race, color, national origin, sex, pregnancy, religion, age 40+, disability, genetic information)

Retaliation: Can’t fire for engaging in protected activities (filing discrimination charges, reporting wage violations, taking FMLA leave, reporting safety hazards, whistleblowing)

Contract violations: Can’t fire in breach of employment contract terms (written contracts, collective bargaining agreements, implied contracts from handbooks or promises)

Public policy violations: Can’t fire for reasons that violate fundamental public policies (refusing illegal acts, performing legal obligations like jury duty, exercising statutory rights like workers’ compensation)

These exceptions are not minor carve-outs. They represent substantial limitations on employer termination authority and create the foundation of wrongful termination law.

Source: DOL – At-Will Employment Overview

Federal Wrongful Termination Laws

Multiple federal statutes prohibit specific types of wrongful termination. Each law covers different situations, has different employee and employer coverage requirements, and provides different remedies.

Title VII of the Civil Rights Act: Discrimination-Based Termination

Title VII prohibits employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), and national origin. Firing someone because of these characteristics violates Title VII.

Coverage: Employers with 15 or more employees for each working day in 20 or more calendar weeks in the current or preceding year.

Protected bases:

Race: Firing because of someone’s race or racial characteristics
Color: Discrimination based on skin color, even within the same race
National origin: Termination due to birthplace, ancestry, culture, or linguistic characteristics
Sex: Includes pregnancy, childbirth, sexual orientation, and gender identity
Religion: Firing for religious beliefs or practices, or refusing reasonable accommodation

Terminations Title VII prohibits:

Firing a Black employee while keeping similarly situated white employees
Terminating a pregnant worker to avoid maternity leave costs
Firing someone for wearing religious clothing or observing religious practices
Terminating a worker for speaking with an accent related to national origin
Firing someone after learning they’re gay, lesbian, or transgender

Title VII also prohibits terminating someone for associating with people of a protected class. Firing a white employee for having a Black spouse violates Title VII.

Enforcement: Equal Employment Opportunity Commission (EEOC) enforces Title VII. You must file a charge with the EEOC before filing a lawsuit.

Deadlines: 180 days from the discriminatory termination (300 days in states with their own anti-discrimination agencies that have work-sharing agreements with the EEOC).

Source: Title VII – 42 U.S.C. § 2000e

Americans with Disabilities Act: Disability Discrimination

The ADA prohibits employment discrimination against qualified individuals with disabilities. This includes wrongful termination based on disability, perceived disability, or association with someone with a disability.

Coverage: Employers with 15 or more employees.

Who’s protected: Individuals with physical or mental impairments that substantially limit one or more major life activities, those with a record of such impairment, or those regarded as having such impairment.

Wrongful terminations under the ADA:

Firing someone because they have a disability
Terminating a worker who needs reasonable accommodation
Firing based on unfounded concerns about safety or performance related to disability
Terminating someone for taking medical leave related to a disability
Firing because of association with someone with a disability (like caring for a disabled family member)

Reasonable accommodation: The ADA requires employers to provide reasonable accommodations unless doing so causes undue hardship. Firing someone instead of providing reasonable accommodation violates the ADA.

Examples of accommodations:

Modified work schedules
Reassignment to vacant positions
Equipment or device modifications
Accessible facilities
Modified policies or procedures

Employers can fire employees with disabilities for legitimate, non-discriminatory reasons like poor performance unrelated to the disability, violation of conduct rules, or elimination of the position for economic reasons. The key is whether disability motivated the termination.

Enforcement: EEOC enforces the ADA employment provisions. Same charge-filing requirements and deadlines as Title VII.

Source: Americans with Disabilities Act – 42 U.S.C. § 12101

Age Discrimination in Employment Act: Age-Based Termination

The ADEA prohibits employment discrimination against individuals 40 years of age or older. Firing someone because of their age violates the ADEA.

Coverage: Employers with 20 or more employees for each working day in 20 or more calendar weeks in the current or preceding year.

Protected group: Workers 40 and older. The ADEA doesn’t protect workers under 40 from age discrimination.

Common age-based wrongful terminations:

Firing older workers to replace them with younger, lower-paid employees
Terminating workers close to retirement or pension vesting
Using age-related comments or stereotypes to justify termination (“too old,” “past your prime,” “need fresh blood”)
Targeting older workers in layoffs while keeping younger workers in similar positions
Forcing retirement based on age (with limited exceptions for certain executives)

Mixed-motive vs. but-for causation: Age must be the “but-for” cause of termination under the ADEA. This is a higher standard than Title VII, which allows mixed-motive claims where discrimination was a motivating factor even if other factors also contributed.

Waivers and releases: Employers sometimes offer severance packages requiring workers to waive ADEA claims. The Older Workers Benefit Protection Act (OWBPA) regulates these waivers, requiring specific disclosures and giving workers 21 days to consider (45 days for group terminations) and 7 days to revoke.

Enforcement: EEOC enforces the ADEA with the same charge-filing process as Title VII.

Source: ADEA – 29 U.S.C. § 621

Family and Medical Leave Act: FMLA Retaliation

The FMLA provides eligible employees with unpaid, job-protected leave for specified family and medical reasons. Firing someone for taking FMLA leave or requesting it violates the FMLA.

Coverage: Employers with 50 or more employees for each working day during 20 or more calendar weeks in the current or preceding year.

Employee eligibility: Workers who have been employed at least 12 months, worked at least 1,250 hours in the 12 months before leave, and work at a location with at least 50 employees within 75 miles.

FMLA wrongful termination:

Firing someone for taking FMLA leave
Terminating a worker for requesting FMLA leave
Firing during FMLA leave and refusing to reinstate them
Counting FMLA leave as an absence under attendance policies and firing for excessive absences
Terminating someone shortly after returning from FMLA leave in retaliation

Interference vs. retaliation: The FMLA creates two types of claims. Interference means denying FMLA rights (like firing someone on leave). Retaliation means punishing someone for exercising FMLA rights (like firing someone after they return from leave).

Timing evidence: Terminations shortly before or after FMLA leave create strong inference of FMLA retaliation, especially when coupled with negative comments about the leave.

Enforcement: Department of Labor’s Wage and Hour Division enforces the FMLA. Employees can also file private lawsuits without first filing administrative charges. Two-year statute of limitations (three years for willful violations).

Source: FMLA – 29 U.S.C. § 2601

Fair Labor Standards Act: Wage Retaliation

The FLSA establishes minimum wage, overtime pay, recordkeeping, and child labor standards. Section 15(a)(3) prohibits retaliatory termination against employees who file complaints, participate in proceedings, or oppose FLSA violations.

Coverage: Virtually all private employers engaged in interstate commerce (most businesses). No employee minimum.

Protected activities:

Filing wage and hour complaints with the Department of Labor
Participating in DOL investigations
Complaining to employer about unpaid wages or overtime
Discussing wages with coworkers
Testifying in FLSA proceedings

FLSA wrongful terminations:

Firing someone for complaining about unpaid overtime
Terminating a worker for filing a DOL wage complaint
Firing employees for discussing their wages
Retaliating against workers who participate in DOL investigations

No good faith requirement: Unlike some retaliation statutes, the FLSA protects employees even if their complaint turns out to be wrong. The protection applies as long as the complaint was made in good faith.

Enforcement: DOL Wage and Hour Division investigates complaints. Employees can also file private lawsuits. Two-year statute of limitations (three years for willful violations).

Source: FLSA – 29 U.S.C. § 215(a)(3)

Occupational Safety and Health Act: Safety Retaliation

Section 11(c) of the OSH Act prohibits firing or discriminating against employees for exercising safety rights under OSHA.

Coverage: Most private sector employers.

Protected activities:

Filing OSHA complaints about unsafe conditions
Requesting OSHA inspections
Participating in OSHA inspections
Refusing to work when facing imminent danger
Reporting work-related injuries or illnesses
Raising safety concerns with employer or OSHA

OSHA wrongful terminations:

Firing someone for reporting unsafe working conditions
Terminating a worker for requesting OSHA inspection
Firing after an employee refuses dangerous work
Retaliating against workers who file injury reports

Strict deadline: You must file an OSHA retaliation complaint within 30 days of the adverse action. This is much shorter than most employment discrimination statutes.

Enforcement: OSHA investigates Section 11(c) complaints. If OSHA finds reasonable cause, they may file suit on behalf of the employee.

Source: OSH Act Section 11(c) – 29 U.S.C. § 660(c)

Other Federal Whistleblower Protections

Numerous federal statutes prohibit retaliatory termination for whistleblowing in specific industries or contexts:

Sarbanes-Oxley Act (SOX): Protects employees of publicly traded companies who report securities fraud, shareholder fraud, or violations of SEC regulations.

Dodd-Frank Act: Protects whistleblowers who report violations of securities laws to the SEC, with provisions for bounties.

False Claims Act: Protects employees who report fraud against the federal government.

National Labor Relations Act: Prohibits firing for union activities or concerted activities for mutual aid or protection.

Uniformed Services Employment and Reemployment Rights Act (USERRA): Prohibits firing based on military service or obligations.

Each statute has specific coverage, protected activities, deadlines, and remedies.

What Makes a Termination Wrongful Under Federal Law

Understanding the elements of wrongful termination helps you assess whether your firing violated federal law.

Discrimination-Based Wrongful Termination

To prove discrimination-based wrongful termination under Title VII, ADA, or ADEA, you typically must show:

1. You belong to a protected class: You have a characteristic protected by the statute (race, sex, disability, age 40+, etc.).

2. You were qualified for the position: You met the legitimate job requirements and performed adequately.

3. You suffered an adverse employment action: You were fired (termination clearly qualifies as adverse action).

4. The circumstances suggest discrimination: Direct evidence of discriminatory motive, or circumstantial evidence creating an inference of discrimination.

Direct vs. Circumstantial Evidence

Direct evidence proves discrimination without inference. Examples:

“We’re firing you because you’re too old”
“We need a man for this job”
“We can’t have pregnant women in this role”
Written policy stating discriminatory intent

Direct evidence is rare. Most cases rely on circumstantial evidence.

Circumstantial evidence creates an inference of discrimination through the McDonnell Douglas framework:

Step 1 – Prima facie case: Show you’re in a protected class, were qualified, were fired, and the position remained open or was filled by someone outside your protected class (or similarly situated employees outside your class were treated better).

Step 2 – Employer’s legitimate reason: Employer must articulate a legitimate, non-discriminatory reason for termination (poor performance, reorganization, policy violations).

Step 3 – Pretext: You must show the employer’s stated reason is pretexts (false) for discrimination. Evidence of pretext includes:

The stated reason is factually false
The reason wasn’t the real motivation
The reason is insufficient to justify termination
Similarly situated employees outside your protected class weren’t fired for the same conduct
Timing suggests discriminatory motive

Source: McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973)

Retaliation-Based Wrongful Termination

Retaliation claims have three elements:

1. Protected activity: You engaged in activity protected by the statute (filed a complaint, opposed discrimination, reported violations, took protected leave).

2. Adverse action: You were fired (or suffered other materially adverse action).

3. Causal connection: The protected activity caused the adverse action. Timing alone can establish causation if termination closely follows protected activity. Shifting explanations, inconsistent enforcement, or statements linking the activity to termination strengthen causation.

Temporal proximity: Firing someone days or weeks after they filed an EEOC charge, took FMLA leave, or reported wage violations creates strong inference of retaliation. Courts often find suspicious timing when termination occurs within days to a few months of protected activity.

Comparator evidence: If similarly situated employees who didn’t engage in protected activity weren’t fired for the same conduct, this suggests retaliation.

Constructive Discharge: When You’re Forced to Quit

Constructive discharge is a form of wrongful termination that occurs when an employer makes working conditions so intolerable that a reasonable person would feel forced to resign. Constructive discharge counts as termination for wrongful termination purposes.

Elements:

1. Objectively intolerable conditions: Working conditions would be unbearable to a reasonable person, not just difficult or unpleasant.

2. Employer intent or knowledge: The employer deliberately created intolerable conditions to force resignation, or knew the conditions would cause resignation.

3. Actual resignation: You quit because of the intolerable conditions.

Examples of constructive discharge:

Severe ongoing harassment that employer refuses to stop
Extreme demotion or pay cut in retaliation for protected activity
Employer demands you commit illegal acts
Employer creates impossible work demands designed to force you out
Severe retaliation following discrimination complaint

Simply being unhappy at work or having conflicts with coworkers typically doesn’t create constructive discharge. The conditions must be objectively intolerable and essentially leave you no reasonable alternative but to quit.

Proving constructive discharge: Document the intolerable conditions, your complaints to management, and the employer’s failure to address the situation. Consider whether a reasonable person in your situation would have felt compelled to resign.

Federal Claim Process: How to File

Federal wrongful termination claims follow specific procedures depending on which law you’re invoking.

EEOC Charge-Filing (Title VII, ADA, ADEA)

For discrimination-based wrongful termination under Title VII, ADA, or ADEA, you must file an administrative charge with the EEOC before filing a lawsuit in federal court.

Step 1 – File EEOC charge: Submit a charge of discrimination to the EEOC within the deadline (180 days from termination, or 300 days in “deferral states” with state agencies that have work-sharing agreements with EEOC).

Filing methods:

Online through the EEOC Public Portal
In person at an EEOC office
By mail (postmarked within deadline)

Information needed:

Your contact information
Employer’s name, address, and number of employees
Description of discriminatory termination
Date of termination
Your protected characteristic(s)

Step 2 – EEOC investigation: The EEOC investigates your charge. They may:

Request information from you and your employer
Interview witnesses
Review documents
Visit the workplace
Offer mediation

Most investigations take several months to over a year.

Step 3 – EEOC determination:

Cause finding: If the EEOC finds reasonable cause to believe discrimination occurred, they’ll attempt conciliation between you and the employer. If conciliation fails, the EEOC may file a lawsuit on your behalf (rare) or issue a Notice of Right to Sue.

No cause finding: If the EEOC finds no reasonable cause, they’ll issue a dismissal and Notice of Right to Sue.

Step 4 – Right to sue letter: You can request a Notice of Right to Sue after 180 days even if the investigation isn’t complete. Once you receive the notice, you have 90 days to file a federal lawsuit.

Important: The 90-day deadline is strict. Missing it typically bars your lawsuit.

Source: EEOC – How to File a Charge

DOL Complaints (FLSA, FMLA)

FLSA and FMLA claims can be filed with the Department of Labor or directly in court.

DOL administrative process:

File complaint with DOL Wage and Hour Division
DOL investigates
DOL may pursue remedies on your behalf
You retain the right to file a private lawsuit

Direct lawsuit option: You can skip the DOL process and file directly in federal or state court within the statute of limitations (two years, three for willful violations).

OSHA Whistleblower Complaints

OSHA retaliation complaints must be filed with OSHA within 30 days of the adverse action.

Process:

File complaint with OSHA online, by phone, mail, or in person
OSHA investigates (interviews, document review)
OSHA determination (reasonable cause or dismissal)
If reasonable cause found, OSHA may pursue relief or issue findings allowing you to file in federal court

Strict deadline: The 30-day deadline is jurisdictional. Filing even one day late bars your claim.

Source: OSHA Whistleblower Protection Programs

Federal Remedies for Wrongful Termination

Federal wrongful termination remedies aim to make you whole by restoring what you lost and deterring future violations.

Reinstatement

Reinstatement means getting your job back. Courts can order employers to rehire you to your former position or a substantially equivalent position.

When reinstatement is available: Reinstatement is available under Title VII, ADA, ADEA, FMLA, and FLSA retaliation claims.

When reinstatement isn’t feasible: If the working relationship is too antagonistic, the position no longer exists, or you’ve found comparable employment elsewhere, courts may award front pay instead of reinstatement.

Back Pay

Back pay compensates you for lost wages from termination through trial or judgment. This includes:

Lost salary and wages: What you would have earned if not wrongfully terminated.

Lost benefits: Value of health insurance, retirement contributions, bonuses, stock options, and other benefits.

Mitigation requirement: You must make reasonable efforts to find comparable employment. Your back pay is reduced by earnings from jobs you found during the back pay period.

Calculating back pay: Compare what you would have earned (including raises and promotions you likely would have received) minus what you actually earned in other employment.

Front Pay

Front pay compensates for future lost earnings when reinstatement isn’t appropriate. It covers the period from judgment until you find comparable employment or reach retirement.

When awarded: Courts award front pay when:

Reinstatement isn’t feasible due to hostility
The position was eliminated
You’ve relocated
The employment relationship is irreparably damaged

Duration: Front pay typically covers a limited period (months to a few years), not your entire remaining career.

Compensatory Damages

Compensatory damages compensate for non-economic harm like emotional distress, mental anguish, and other intangible losses from wrongful termination.

What’s covered:

Emotional distress and mental suffering
Damage to reputation
Loss of enjoyment of life
Medical expenses for treating emotional harm

Evidence needed: Testimony about emotional impact, medical records for therapy or treatment, witness statements about behavioral changes.

Title VII damage caps: Title VII, ADA, and ADEA cap compensatory and punitive damages combined based on employer size:

15-100 employees: $50,000
101-200 employees: $100,000
201-500 employees: $200,000
501+ employees: $300,000

No caps for other statutes: FMLA, FLSA, and some state laws don’t cap compensatory damages.

Punitive Damages

Punitive damages punish employers for egregious conduct and deter future violations. Available when employer acted with malice or reckless indifference to your federally protected rights.

Standard: The employer must have engaged in discriminatory practice with malice or reckless indifference to your rights. Mere negligence or isolated incidents typically don’t support punitive damages.

Subject to Title VII caps: Punitive and compensatory damages combined are capped under Title VII, ADA, and ADEA (same caps as above).

Liquidated Damages

FLSA and ADEA provide liquidated damages equal to the amount of back pay for willful violations. This effectively doubles your wage recovery.

ADEA: Liquidated damages available for willful age discrimination.

FLSA: Liquidated damages available for wage and hour violations unless employer shows good faith.

Attorney’s Fees and Costs

Federal employment statutes allow prevailing employees to recover attorney’s fees and costs. This fee-shifting provision enables employees to hire attorneys on contingency or hourly basis knowing fees can be recovered from the employer.

Calculation: Courts award reasonable attorney’s fees based on hours worked and reasonable hourly rates in the jurisdiction.

Importance: Attorney’s fees awards often exceed the underlying damages, making even modest wrongful termination claims economically viable.

State Laws Provide Stronger Protections

While federal law establishes a baseline, state wrongful termination laws often provide broader protections, longer deadlines, higher damages, and additional theories of liability.

How State Law Exceeds Federal Law

Lower employer thresholds: Many states cover employers with fewer than 15 employees (California covers employers with 5+ for discrimination, even 1+ for some violations).

Additional protected classes: States add protected categories like marital status, sexual orientation, political affiliation, military status.

No damage caps: Many states don’t cap compensatory or punitive damages, allowing much higher recoveries than federal caps.

Longer statutes of limitation: States often provide 2-4 years to file compared to federal 180/300-day EEOC deadlines.

Implied contract exceptions: Many states recognize implied contracts from employee handbooks, policies, or oral representations limiting at-will employment.

Good faith and fair dealing: Some states imply a covenant of good faith and fair dealing in employment relationships, prohibiting terminations in bad faith.

Public policy protections: State courts recognize wrongful termination for refusing to violate laws, performing public obligations, or exercising statutory rights.

State-Specific Wrongful Termination Guides

State wrongful termination law varies significantly. The following states have comprehensive wrongful termination protections that often exceed federal law:

California Wrongful Termination Law

California provides the strongest wrongful termination protections in the nation. The Fair Employment and Housing Act (FEHA) covers employers with 5+ employees, prohibits discrimination based on more protected classes than federal law, and doesn’t cap damages.

California recognizes three exceptions to at-will employment: public policy violations, implied contract, and implied covenant of good faith and fair dealing. The state provides 3-year statute of limitations for FEHA claims.

Learn more: California – Wrongful Termination Hub

Texas Wrongful Termination Law

Texas is a strict at-will employment state with limited common law exceptions. Most wrongful termination claims rely on federal law or specific state statutes like the Texas Commission on Human Rights Act (TCHRA).

TCHRA mirrors federal discrimination law but applies to employers with 15+ employees. Texas recognizes narrow public policy exceptions for refusing illegal acts and filing workers’ compensation claims.

Learn more: Texas – Wrongful Termination Hub

New York Wrongful Termination Law

New York Human Rights Law (NYSHRL) provides broader protections than Title VII, covering employers with 4+ employees and additional protected classes including sexual orientation, gender identity, military status, and domestic violence victim status.

New York doesn’t cap damages and provides 3-year statute of limitations. The state recognizes implied contract exceptions to at-will employment.

Learn more: New York – Wrongful Termination Hub

Florida Wrongful Termination Law

Florida is strongly at-will with few common law exceptions. The Florida Civil Rights Act (FCRA) mirrors federal discrimination law with 15-employee threshold.

Florida recognizes narrow public policy exceptions and implied contract from handbooks, but generally follows federal standards. One-year statute of limitations for FCRA claims is shorter than federal deadlines.

Learn more: Florida – Wrongful Termination Hub

Illinois Wrongful Termination Law

Illinois Human Rights Act provides stronger protections than federal law, covering employers with 15+ employees but including broader protected classes like sexual orientation, gender identity, and arrest record.

Illinois recognizes public policy exceptions including retaliatory discharge for filing workers’ compensation claims and reporting illegal activity. Two-year statute of limitations for most claims.

Learn more: Illinois – Wrongful Termination Hub

Georgia Wrongful Termination Law

Georgia is a strict at-will state with very limited exceptions. No state anti-discrimination statute broader than federal law. Most wrongful termination claims rely on federal statutes.

Georgia recognizes narrow public policy exceptions and implied contract from employee handbooks or written agreements. Generally employer-friendly jurisdiction.

Learn more: Georgia – Wrongful Termination Hub

Pennsylvania Wrongful Termination Law

Pennsylvania Human Relations Act (PHRA) provides protections similar to federal law with 4-employee threshold. Broader than federal law in some respects.

Pennsylvania recognizes public policy exceptions including terminations that violate clear public policy, and implied contract exceptions from handbooks and policies. 300-day statute of limitations for PHRA.

Learn more: Pennsylvania – Wrongful Termination Hub

North Carolina Wrongful Termination Law

North Carolina is a strong at-will state with limited exceptions. No comprehensive state anti-discrimination statute broader than federal law for private employers (though state employees have additional protections).

North Carolina recognizes public policy exception for refusing to violate laws and implied contract from handbooks. Generally follows federal standards.

Learn more: North Carolina – Wrongful Termination Hub

Ohio Wrongful Termination Law

Ohio Civil Rights Act provides protections similar to federal law with 4-employee threshold. Recognizes broader public policy exceptions than many states.

Ohio recognizes wrongful termination for refusing to commit illegal acts, performing public obligations, and exercising statutory rights. Implied contract exception from handbooks and policies recognized.

Learn more: Ohio – Wrongful Termination Hub

Washington Wrongful Termination Law

Washington Law Against Discrimination (WLAD) provides stronger protections than federal law with 8-employee threshold and broader protected classes including sexual orientation, gender identity, and HIV/AIDS status.

Washington recognizes public policy exceptions and implied contract from handbooks. Three-year statute of limitations for WLAD claims. No damage caps.

Learn more: Washington – Wrongful Termination Hub

Choosing Between Federal and State Claims

When both federal and state wrongful termination laws apply, consider:

Which provides better remedies: Compare damage caps, available relief, and potential recovery.

Statute of limitations: State deadlines are often longer, giving more time to file.

Procedural requirements: Federal claims require EEOC charges; many state claims can be filed directly in court.

Employer coverage: State law may cover smaller employers.

Attorney recommendation: Employment attorneys can assess which forum and legal theory provides the best chance of success.

You can often pursue both federal and state claims simultaneously. EEOC charges can include state law claims, and many states have worksharing agreements allowing a single charge to satisfy both federal and state filing requirements.

Frequently Asked Questions

Can I be fired without warning or reason?

Yes, if you’re an at-will employee. Employers generally don’t need to provide warnings, progressive discipline, or reasons for termination. However, they cannot fire you for illegal reasons like discrimination or retaliation, even without warning.

Some exceptions exist. If you have an employment contract requiring good cause or progressive discipline, your employer must follow those terms. Union collective bargaining agreements typically require just cause for termination. Implied contracts from employee handbooks may limit at-will employment if the handbook promises progressive discipline.

How do I prove my termination was wrongful?

Proving wrongful termination requires evidence linking your protected characteristic or activity to the termination decision. Direct evidence like discriminatory statements is strongest but rare. Most cases rely on circumstantial evidence through the McDonnell Douglas framework.

Gather evidence:

Document the circumstances of your termination
Save performance reviews showing adequate performance
Collect emails, texts, or other communications showing discriminatory or retaliatory motive
Identify similarly situated employees treated differently
Note timing if termination followed protected activity
Record witness statements from coworkers who observed discrimination or retaliation

Timing evidence: Termination shortly after filing a complaint, taking protected leave, or reporting violations creates strong inference of retaliation.

Comparator evidence: Show that similarly situated employees outside your protected class weren’t fired for the same conduct.

Pretext evidence: Demonstrate the employer’s stated reason for termination is false or wasn’t the real reason.

Consult an employment attorney to assess your evidence and develop your case strategy.

What is the statute of limitations for wrongful termination?

Deadlines vary by legal theory:

Federal discrimination claims (Title VII, ADA, ADEA): 180 days from termination to file EEOC charge (300 days in deferral states). After receiving right-to-sue letter, 90 days to file lawsuit.

FLSA retaliation: 2 years from termination (3 years for willful violations).

FMLA: 2 years from violation (3 years for willful violations).

OSHA retaliation: 30 days from adverse action to file complaint.

State law claims: Varies widely from 1-4 years depending on state and claim type. Many states provide 2-3 years for wrongful termination claims.

Act quickly: Don’t wait. Gather evidence and consult an attorney soon after termination. Missing deadlines typically bars your claim entirely.

Can I sue for wrongful termination if I was fired during my probationary period?

Possibly. Probationary periods don’t eliminate wrongful termination protections. Employers cannot fire probationary employees for discriminatory or retaliatory reasons, even if the probationary period allows termination without cause.

If you were fired during probation because of your race, sex, disability, age, or other protected characteristic, or in retaliation for protected activity, this violates federal law. The probationary period doesn’t override anti-discrimination and anti-retaliation protections.

However, proving wrongful termination during probation can be harder because employers have more discretion to terminate based on fit, performance concerns, or business needs. You’ll need evidence that the real reason was discriminatory or retaliatory.

What damages can I recover in a wrongful termination case?

Available damages depend on which laws you invoke:

Economic damages:

Back pay (lost wages from termination through judgment)
Front pay (future lost earnings if reinstatement isn’t feasible)
Lost benefits (health insurance, retirement contributions, bonuses)
Job search expenses

Non-economic damages:

Emotional distress and mental anguish
Damage to reputation
Loss of enjoyment of life

Punitive damages: For egregious violations involving malice or reckless indifference (subject to caps under Title VII, ADA, ADEA).

Liquidated damages: FLSA and ADEA allow liquidated damages equal to back pay for willful violations.

Attorney’s fees and costs: Federal employment statutes allow prevailing employees to recover attorney’s fees.

Title VII damage caps: Compensatory and punitive damages combined are capped at $50,000-$300,000 depending on employer size for Title VII, ADA, and ADEA claims.

State law: Many states don’t cap damages, potentially allowing significantly higher recovery.

How long does a wrongful termination case take?

Wrongful termination cases typically take 1-3 years from filing to resolution, though timelines vary based on complexity and forum.

EEOC investigation phase: 6 months to 2+ years before receiving right-to-sue letter.

Litigation timeline if lawsuit filed:

Pre-trial motions and discovery: 6-18 months
Settlement negotiations: Ongoing throughout case
Trial preparation and trial: 2-4 weeks
Post-trial motions and appeals: Additional months to years

Settlement: Most wrongful termination cases settle before trial. Median time to settlement is 12-18 months from filing.

Factors affecting timeline:

Court backlog and scheduling
Complexity of issues and evidence
Number of parties and witnesses
Settlement negotiations
Motions practice
Appeals

Can I be fired for filing a workers’ compensation claim?

No. Firing someone for filing a workers’ compensation claim violates public policy in virtually every state. This is one of the most well-established wrongful termination exceptions to at-will employment.

Workers’ compensation retaliation includes:

Terminating for filing claim
Firing for sustaining work injury
Refusing to rehire after workers’ comp leave
Demotion or adverse treatment for claiming benefits

You have potential claims under:

State workers’ compensation retaliation statutes
State common law wrongful termination (public policy exception)
ADA if your work injury constitutes a disability
FMLA if your injury qualifies for leave

Document the timing of your termination relative to your workers’ compensation claim and any statements linking the two.

What should I do immediately after being wrongfully terminated?

1. Document everything: Write down what happened, who was involved, what was said, and when. Document your termination meeting, stated reasons, and any discriminatory or retaliatory statements.

2. Preserve evidence: Save emails, texts, performance reviews, witness contact information, and any documents related to your termination. Don’t rely on company systems you’ll lose access to.

3. File for unemployment: Apply for unemployment benefits immediately. Eligibility varies, but wrongful termination may qualify you for benefits.

4. Review your employment documents: Examine your employment contract, offer letter, employee handbook, and separation agreement for relevant terms.

5. Don’t sign anything immediately: If your employer offers a severance agreement with release of claims, don’t sign without consulting an attorney. You may waive valuable rights.

6. Consult an employment attorney: Many offer free consultations. They can assess your case, explain deadlines, and advise on your options.

7. Track your damages: Keep records of job search efforts, earnings from new employment, out-of-pocket expenses, and medical treatment for emotional distress.

8. Be mindful of deadlines: EEOC charges must be filed within 180/300 days. OSHA complaints within 30 days. State deadlines vary. Don’t delay.

FREE Evaluation

Helpful Resources

Related Articles

Recent Blog Posts