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Wrongful Termination

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Wrongful termination means an employer has fired or laid off an employee in violation of their legal rights. If wrongful termination law is violated, a wrongfully terminated employee may file a wrongful employment termination complaint with government agencies and/or file a private lawsuit, usually with the help of wrongful termination lawyers.

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Understanding Wrongful Termination


To answer the question, "What is Wrongful Termination?" (and to determine whether someone may have been wrongfully terminated), it helps to understand what the phrase "employment at-will" means.

All states have adopted the employment "at-will" doctrine to some degree, which means that employees can generally quit their jobs at any time without advanced notice or cause. It also means that an employer can generally fire or lay off their employees at any time without a reason. Employers often, and legitimately, ask employees to sign contracts or agreements that document and enforce the terms of at will employment, usually in company policy manuals.

There are exceptions to this doctrine. Employees and employers aren't allowed to breach employment contracts or agreements, or violate laws, regulations, constitutional provisions or public policy when terminating employment. As well, possible exceptions include breach of implied contract, reliance on an offer of employment and intentional emotional distress. At will employees can be fired for job-related problems, or for non-job-related reasons such as the boss not liking your jokes, or a personality conflict.

However, at will employees who were wrongfully terminated have challenged the doctrine in court and won and received compensation, including wrongful termination damages.

The Employment at Will Doctrine differs with each state. Your state's labor office can advise you on its policy or you can consult a wrongful termination attorney. For additional state-specific wrongful termination information, see New York Wrongful Termination, New Jersey Wrongful Termination, California Wrongful Termination, and Washington Wrongful Termination.

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Wrongful Termination Examples

Wrongful Termination LawThere is no specific wrongful termination law. Rather, there are a number of federal laws that, if violated, can constitute a wrongful termination. An employer must illegally discharge an employee to violate wrongful termination laws. No matter how unfair it seems, if your discharge is not illegal, wrongful termination law may not apply.

Some examples of wrongful termination occur if an employer laid off or fired an employee:
  • In violation of a state or Federal discrimination law (1)
  • In violation of the employment-related provisions in the Fair Credit Reporting Act or Bankruptcy Act
  • In violation of rights granted by the First Amendment to the U.S. Constitution
  • In violation of a state voting leave law
  • In violation of the employer's own discharge policy
  • In breach of an explicit or implied contract of employment or an employer-union collective bargaining agreement (contract law)
  • In breach of the covenant of good faith and fair dealing
  • According to the constructive discharge doctrine (2)
  • Because the employee would not break a law (public policy violation)
  • Under the guise of a false statement of fact
  • For jury duty (Judiciary and Judicial Procedure Act)
  • Insufficient Cause (3)
Wrongful Termination Discrimination(1) Discrimination: if you have been discriminated against because of race, sex, religion, disability or age, it may be a breach of your human rights.

(2) Constructive Dismissal: If you felt pressured to resign, or your working conditions were made to be so horrible you couldn't continue working, you may be able to claim constructive discharge. You may also claim constructive dismissal if your pay or working conditions have been degraded or if your level of responsibility has been reduced.

(3) Insufficient Cause: Actions such as theft, violence or threatening behavior may be cause for immediate dismissal. However, isolated instances of a less serious nature can not normally be used as an excuse to fire someone, unless there is a history of such behavior.

In some states an employee might be wrongfully terminated if an employer discharged an employee in retaliation for:
  • Reasonably exercising employee rights under relevant employment and labor laws
  • Reasonably exercising union rights
  • Legitimately taking leave under the Family and Medical Leave Act
  • Serving in the military
  • Wage garnishment for one debt
  • Whistleblowing

Whistleblower Wrongful Termination

Whistleblowing has gotten a lot of attention in recent years due to the popularity of movies like "The Informant" starring Matt Damon, and "The Insider" starring Russell Crowe. But anyone can be a whistleblower--and the law states that it is illegal to fire an employee, or to engage in retaliation against an employee, for whistleblowing.

Any person who "interferes" with the livelihood of an employee who has provided information to legal authorities regarding alleged illegal activity of their employer, is subject to up to 10 years in prison and up to $250,000 in fines.

Contract Employee and Wrongful Termination

If you have a contract, your termination will be governed by the terms of the contract, unless the contract states you are an at-will employee, in which case you may be fired "at will". Contracts may be written or oral, even based on a promise that your "job would be secure".

Filing a Wrongful Termination Lawsuit

If you think you have been wrongfully terminated, it's a good idea to seek the advice of an experienced lawyer. As well, a short statute of limitations may apply, so seek advice sooner than later. A wrongful termination lawsuit can be filed either with a government agency that enforces labor laws, or in a private lawsuit. If your employer's violation is related to a specific part of state or federal law, you might want to contact the Equal Employment Opportunity Commission, Occupational and Safety Hazards Administration, or your state's labor offices.

Wrongful TerminationIf you believe you have been wrongfully terminated, you may have a right to bring a claim for wrongful termination against your former employer. Legal remedies that may be available to you include wrongful termination damages. If you haven't been officially terminated yet, an experienced wrongful termination attorney can help you negotiate an appropriate severance package that includes adequate compensation.

If your employer has violated public or company policy, a private lawsuit is typically the only way to settle disputes. Wrongful termination attorneys often take wrongful employee termination cases on a contingency basis.

Wrongful Termination Legal Help

If you believe you have been wrongfully terminated from your job, please click the link below to send your complaint to an Employment attorney who will review your claim at no charge or obligation.

Last updated on May-7-15

WRONGFUL TERMINATION LEGAL ARTICLES AND INTERVIEWS

Microsoft Hit with $11.6M Verdict for Wrongful Termination of Star Salesman
Microsoft Hit with $11.6M Verdict for Wrongful Termination of Star Salesman
Austin, Texas - After three years of litigation, which culminated in a highly contentious two week trial, a Travis County jury awarded a software salesman $11.6 million on May 7 against Microsoft Corporation [READ MORE]

Fired Nurse Launches Ohio Employment Lawsuit
Fired Nurse Launches Ohio Employment Lawsuit Columbus, OH: An operating room nurse who was fired following a failed kidney transplant operation has filed a wrongful termination lawsuit under Ohio Employment and federal laws. The plaintiff, Melanie Lemay, was a 30-year employee with the University of Toledo Medical Center (UTMC) when she was let go following a paid administrative leave [READ MORE]

Firing “At-Will” Not the End of the Story
Firing “At-Will” Not the End of the Story New Rochelle, NY: Even in at-will states, there is room for a wrongful termination complaint if the fired employee was terminated as a result of discrimination or was terminated in violation of several laws. New York employment law and federal employment law allow an employee to file a New York employment lawsuit if the firing violated federal or New York labor laws [READ MORE]


WRONGFUL TERMINATION SETTLEMENTS



READER COMMENTS

Posted by
California
on
It is a very long story, but I was basically denied breaks to breastfeed/pump breastmilk and fired because I insisted on taking these breaks.

Posted by
Ohio
on
We are permitted to take a 20 minute lunch break. I always sit in my car along with other people that sit in that car to. I prefer to sit in my car on break and mind you that at least 50% of the employees are outside smoking cigarettes. So I'm in my car smoking like everyone else. I smoke a brand called black and mild which has a white tip and brown end on the cigar. I have no tint on my window so everyone can basically see me in my car. So I finish up on my day of work and I get a call saying I'm fired because I was smoking something I wasnt. Which was said to. I don't understand how they can just fire me without being sure and as I was smoking my cigar there lady next to me in her car can bare with ness. I know that night before I went to work I was up all night watching my son so I cane to work at 7am the next super tired I kept telling my co workers how tired I was I was sluggish from the time I got till after lunch break when I smoked my black and mild and laid down in my car for ten minutes. I did nothing wrong and I'll take a drug test to prove it.... I took a drug test to get the job so its no problem for me. I want to carry out this lawsuit

Posted by
Oklahoma
on
i worked 11-8, then clicked out and left. An hour later when I'm home I get a text from one of the managers that was working with me saying that his brother, who also works the, but is just an employee not boss, told him I needed to stay after my shift until they got caught up, which he never told me anything and that since I was on a 30 day probation period he was just gonna fire me. I was never informed anything about being on a 30 day probation period. I quit this job and like 7 months later they called asking me to come back. If this was true then why would the manager tell his brother to tell me and himself not tell me or stop me when he watched me clock out

Posted by
Arizona
on
Wrongfully terminated by boss, FMLA-related, invasion of privacy, harassment.

Posted by
Illinois
on
I was fired almost a year ago. My direct supervisor had been intimidating me for eight months prior to my termination. He sent me to other campuses and had coverage for me. Then when I returned to my actual job, things were not done and I was accused of not keeping stock in my dept. I have not been able to get another job because they have been giving me a bad reference.

Posted by
New York
on
Terminated while on medical leave. Lost my car and health Insurance. NYS Unemployment said they shouldn't have fired me and gave me unemployment for six months.I worked there for six years and made $17.70 an hour. I followed their company policy and they didn't. I have been diagnosed with a terminal illness and it is impossible to find a job.

Posted by
Alabama
on
I believe I was wrongfully terminated from Gamestop for what they said to be a violation of company policy. I was terminated in September 2014 and have yet to find any work. I feel that this termination has negatively affected my character to future employers. It has also affected me in that I am not able to generate income for myself. I was unable to receive unemployment benefits. I do live at home still but this has made things harder for my parents as I am unable to generate income for myself.

Posted by
California
on
I had recently completed the electrical program at a local trade school when this company hired me. When they interviewed me, they said that they preferred hiring new graduates instead of experienced electricians and three weeks later they fired me because I didn't have experience.

Posted by
Florida
on
Amazon fired me because they said that I refused to go through their security system, which was not true. I questioned why I have to open my wallet and to please show me which part of the policy I violated. HR representative suspended me and three days later I received the termination letter.

Posted by
Indiana
on
I was unjustly terminated from my employment in Indiana as determined by the Indiana Dept. of Workforce Development when filling for unemployment. The employer was found to have unjustly let me go. Can I file a lawsuit?

Posted by
North Carolina
on
I was fired while on vacation by a temp hire for doing what I had been trained to do by my regional manager. I was a store manager, four-year employee, managed three stores, two at one time, and was fired Oct. 4, 2012. To date, have not been paid for the approved vacation, and am classified as not rehireable in my personnel file. Consequently, I am "blackballed" from getting an equal or better job with anyone else because of this file placement, which has caused severe problems.

Posted by
Michigan
on
I have been on medical since March 2014 and continue to be on medical leave. I was told by employer, I was fired because of FMLA expiring. I never filled out any FMLA paperwork nor was I ever offered it. The Administrator filled out and signed all my paperwork up until July 2014. The letter I received from a new outsourced company that was not contracted until after I was out on medical sent me a letter stating FMLA expired back in May 2014, and did not indicate I no longer had a job, but to continue to send in necessary paperwork. I have spoken to this company on numerous occasions asking for a letter stating why I was terminated. Every time I have spoken with them they state, "They are working on it." I should have by end of the day. It's been two weeks and still no letter. Please help me understand how one can be terminated while on medical.

Posted by
Minnesota
on
Wrongful Termination. Was told she could go on Vacation and make up the day when she returned. After arriving home and back to work, she was let go because of violation of the perfect attendance policy. This resulted in stress and a premature baby.

Posted by
Anonymous
on
2009 was injured on the job 6months on workmans comp closed case , hurt shoulder in 2007 on the job /had been diagnoised with hep c virus in1995 on march 15 i was terminated for going home sick four hours into shift said i job abandiment but unemployment overturned there acusasions the company knew i was see ingg a spine specialist gi docter for all my medical uper managment told me he did not want my filthy disease in his store , and if my union gets your job back he will do every thing in his power to keep me out of his store

Posted by
Florida
on
My job was eliminated according to them because of reorganization plans. I asked if I could go back to working on the pipeline or driving a truck to keep my job and insurance. I was told “we think it is time for you to move on.” I am 57 years old. An employee of mine filed an EEO discrimination against us and I was let go before I found out what the verdict was. I had all the information to prove my decision was based on abilities not race. I would like to find out what the ruling was.

Posted by
Georgia
on
Wrongfully terminated after 12 years for not wanting to perform illegal tasks in the practice, but their reason was that they eliminated my position. Also two other employees were fired at the same time. None of us ever had any write- ups at all. I have suffered harassment and emotional abuse from the physician. I have worked without being reimbursed at times and the list goes on and on.

Posted by
Anonymous
on
Marilyn says:May 25, 2014 at 1:20 pm

I was recently terminated from my [JOB] of 41 months.It all started over me goin’ over my boss’s head because the lazy bastard wouldn’t do what was needed for his staff. And almost immediately the intimidations & retaliations began. It got sooo bad that I had to be hospitalized for [STRESS]!!! So I kept a journal about how things were for me on daily basis in that environment. I also recorded my boss statin’ to another member of staff that he was tryin’ to get me [FIRED]!!! (I know that you’re not supposed to record someone w/out their permission), but the way this asshole spoke to me (Like I was some [WHORE] that he just met that was tryin’ to steal his money & his dope) I felt compelled to. I have a “FAMILY HISTROY” of Breast Cancer and it returned around the time of my birthday. So when I informed my boss about it the day after I was admitted. This “Moron” deleted my texted message (’cause that’s the way he prefers to communicate w/his staff). Then told another member of staff & his superiors that he didn’t receive anything/message from me in his phone. Well I documented that in my journal as well plus I still have the texted message in my phone. My co-worker had informed me about what the boss had done by( texted message) on the day of my release from the hospital. I was so stressed-out that I’d returned to work against my doctors orders to rest for two weeks after [CHEMO]. I know my former co-worker won’t speak up on my behalf for fear of losing his [JOB]. Unfortunately I wasn’t able to give the “VP” a copy of my journal & my documents until I was terminated. Will this affect my claim for unemployment benefits, or should I be consulting w/an attorney now?!My name is Marilyn, but I prefer to be called [KNUCKLES].

Posted by
Anonymous
on
I worked a holliday, and in my employee hand book it states that i shall receive time and a half for the hours i work. It has been a few weeks and the money has yet to be added to my paycheck, I asked my boss when it would be in there, and i was told "hopefully next paycheck" i have been told that a few times before, seeing as i knew my boss before i started working there i mentioned i would have to call the Better Business Bureau to file a claim. My boss proceeded to inform me that i would be fired on the spot for that.Because "it is not their fault that it isn't in there" I was then informed that if i were to call the owner and head boss would be informed of my call and would terminate my position as soon as they found out. I was wondering, if this were to happen, is that wrongful termination?

Posted by
Illinois
on
My brief period of employment was met with immediate harassment and intimidation from management. When a complaint was first filed, I was told to “get thicker skin.” When the problem evolved into shouting of obscenities and punching things in my immediate area, I had to leave. No efforts were made to make the situation better after I have filed a complaint, and I have since been fired. I have also been told that I will not be paid for time lost. This was not the first time there was an aggressive outburst from this certain person. The person in question was the same person who told me that my original complaint should not be valid and I needed to get “thicker skin.” I was fired because I filed a complaint and was not taken seriously. This company has recently been sued, went bankrupt, and took new ownership because of similar issues.

Posted by
Florida
on
Two employees let go a week apart; the third and fourth to be let go for no apparent reason except to get rid of the old crew for a new one but clearly to remove us from the relationship developed with the customer base. When asked why being dismissed, employer refused to give an answer.

Posted by
North Carolina
on
Terminated due to absences while pregnant. The absences were bc I was in agonizing pain and no one would change my schedule. I also had "absences" when I took my LOA (leave of absence) bc management lost my paper work and requested that I took leave due to doctors limiting my hours.

Posted by
New York
on
Unfairly dismissed after dropping sculpture (not damaged) with partner.
Partner was told to take 3-day unpaid leave of absence while I was fired and not invited back. Also, a different (favored employee) has damaged 3 paintings but has not suffered any punishment.

Posted by
Pennsylvania
on
I was terminated upon advising my employer that I would be remaining under doctors care for a knee replacement consultation. I have had multiple knee and back surgeries while employed with JCI and feel I have been fired due to a disability.

Posted by
California
on
He was wrongfully terminated. He has loss of overtime pay. The employer did not pay for the the hours worked. When he brought up the information he was no longer called into work and was never paid for at least 32 hours.

Posted by
Kentucky
on
I was facing a suspension for abscence due to illness and was instead terminated. I know that there are employees with a much worse and more lengthy record that should also be terminated but I believe I was singled out due to on going health issues that would have required a leave of abscence.

Posted by
North Carolina
on
I was embarassed by customers and embarassed by my manager in front of customers and employees. I was screamed at and also disrespected.

Posted by
Utah
on
I was terminated in Oct. 2009. I filed for unemployment and received it. I have a letter from them stating that I was not at fault. I feel my termination was religious discrimination. I filed with the EEOC. They investigated, but said they could not prove it and suggested I hire an attorney. I am not able to find other employment. I am 60 year old and the small town I live in has very few opportunities for employment. I lost a small bed and breakfast in Illinois due to the job loss.

Posted by
Ohio
on
I have been unable to find employment since this incident. Also am now at risk of losing my home and car due to inability to pay expenses.

Posted by
California
on
I worked an average of 20 hours of overtime a week under the Exempt status, when I don't believe I fit any of the requirements. Was fired after mentioning time sheets I wasn't supposed to turn in (minus the OT because I was "discouraged" from doing so), and was then fired three weeks later.

Posted by
Texas
on
I was fired on 9-30-2009 because the company placed me on light duty because of a work related injury. I have used my hands in a repetitive use of both hands since 1993. I do have Carpal Tunnel and the work comp carrier said OK to re-hab and no to injections or surgery. They kept me on light duty for
over six months and my company fired me.

Posted by
South Carolina
on
Loss of sole income, unable to get a job in the industrial mechanic field for cause of dismissal. Harassment by direct supervisor (following me around) and constant video surveilance of me during the 3 weeks after my return from medical leave.

Posted by
Louisiana
on
I was working for a cardiologist in Louisiana. I finished college to be a Medical Assistant. After 3 weeks of working for this doctor, I was terminated. In his words, he said that a lot of his patients were complaining and they were "older caucasian" patients. I asked him if it was because I was African-American and he said that he couldn't say. But needless to say, I was replaced by a younger caucasian female.

Posted by
California
on
Lost the potential of any decent wages towards my pension, 401k, etc. At the age of 52, lost the potential of being hired in the corporate world.

Posted by
Nebraska
on
I was working one night and another worker and I were having a little verbal argument when he looked me into the eyes and thrust a corner of the box in which he was holding into my abdominal area leaving a minor cut. I then reported the incident to my manager and he simply laughed in my face. I then told my co-worker that this workplace is hostile and that I will clock out. I clocked out and left and later that week I was told I was terminated.

Posted by
Maryland
on
I have, along with my husband, been struggling to pay the bills that I am responsible for. My former employer lied and because of that I'm being penalized for my unemployment benefits.

Posted by
Texas
on
I trusted the supervisor to be honest and fair with the employees. Instead he lied to human resources and the night manager and caused me to lose my job. I valued my job and went to work on time everynight and performed to the fullest. This has caused me to suffer mental anguish and despair because of the lies and how supposingly professional employers handle their employees. I am very stressed because this is not right.

Posted by
California
on
I went to my monthly doctors appointment for my pregnancy and when I had arrived to work my boss had all of my belongings in a box and laid me off. The receptionist was not there that day and I was not there to cover for her so he laid me off. When I filed for unemployment I was denied because my boss had said that I quit. I didn't want to fight it with the unemployment agency at the time because I was already under alot of stress from being laid off and I didn't want to harm my unborn child in any way. Five months later when my daughter was born she was born with a partial cleft lip, no right ear canal and she has craniofacial and has to have three seperate surgeries. I feel that if I wasnt put under all this stress then my daughter would have been born normal. When I was pregnant I tried getting jobs but no one would hire me due to the pregnancy and I would be on maternity leave soon. I feel that I was entitled to all of the unemployment benefits that could have helped me at the time.

Posted by
Wisconsin
on
After 17 years of employment, at 59 years old, I'm not trained in any thing else but what I was doing. I was continually harassed at my job, after reporting the theft. I was unjustly fired. I cannot find a job. It seems people do not want to hire older people.

Posted by
Massachusetts
on
After the loss of my job, any job I applied for and used Walgreens as a reference I was turned down. I was unable to obtain any job for almost 3 years. After making a certain amount of money each year and had financial stability, I was unable to work at a job with a comparable salary which forced me to use my retirement money and any money I had saved. This has caused me to become severely in debt to the point I have had to file bankruptcy. This has caused psychological suffering for myself, my wife and my children.

Posted by
Tennessee
on
I lost my job based on something that I did not do. Her word was taken over mine.

Posted by
Rhode Island
on
I was terminated because Bank of America said that I violated the code of ethics. It was not job related. One of my personal accounts was in a minus balance and that was a violation of ethics. I deposited money to cover my minus balance and they still terminated me. I have suffered emotional distress.

Posted by
Pennsylvania
on
Pleaded for continued employment so as to be able to support myself. Given temporary job typing at same wage, given no assistance in finding alternative job in hospital. Interviewed for 5 jobs within hospital not accepted for any of them. Now being offered "temporary" fill in position back in another department where I started four years ago. Not going to give me benefits as I'll be a temp.

Posted by
California
on
I believe that my employer created a constructive discharge in that my expenses were not reimbursed in a timely manner in order to put me into a position where I could not travel to a client site due to a lack of funds and the reason that I was terminated was due to the fact that the employer found out that I was bipolar and was developing peripheral neuropathy due to diabetes.

Posted by
Ohio
on
I have been severely depressed, haven't been able to pay any of my bills, bill collectors have been harassing me, I didn't have any money for my birthday and my relationship has turned upside down.

Posted by
Texas
on
We were not supposed to be on the internet.... The judge, a so called "republican".... I, for sure a republican. Got an email from the republican party, wanted to send it to the judge, at this point, a watchful eye caught me and I was fired. Everyone else was on the internet...but they were Mexicans and blacks...no one stands up for the French American...P.S. he the judge had said no one dresses as well as I did.

Posted by
New York
on
I have been falsely written up a couple of times since I came out. I was told at work that my girlfriend was not ever allowed back in to my office because it made others who work there uncomfortable. Other instances of discrimination can be discussed as they are numerous. I have been made to feel very uncomfortable about coming to to work and just want to quit rather than fight.

Posted by
Ohio
on
I was fired the next day and told that i was too much of a safety risk to have at the place of employment. During the event I was in a meeting and did not even know that he had appeared. They wanted to know why the police were not called. I explained that until after the event I did not know he had been in the parking lot.

Posted by
Michigan
on
I had to sell my vehicle for rent money, I have been evicted from my home, I have been denied umemployment benefits, I have lossed a year's worth of wages, and I am now having a difficult time finding employment and a home.

Posted by
Ohio
on
Was wrongfully terminated, given derogatory reviews, had my work erased when submitted for final review by co-workers and management was aware of it. I was denied updated training for assignments and new clients and when I did recieve training I was fired immediately due to statements from my trainer. I have no money, I have been denied unemployment and the company denies owing me any back wages even though they hold back a week of pay.

Posted by
California
on
Several expenses were never reimbursed while traveling on business in Latin America. This company relocated me from Canada to USA and sponsored my H1B visa and after my termination, did not offered and relocation compensation back to Canada. A my medical fees while traveling on business in Mexico were not reimbursed and not addressed for over one year. This company fired me while I was on a trip to Mexico without offering any compensation to return in the United States. After working for 6 1/2 years for the same employer, I was terminated with no apparent reasons. Only some expense report policy violations were raised on the day of my termination as a contingent to obtain my termination package. I have been working for the same company for almost 7 years. Out of those years, this company rewarded me for my excellent services 5 times including this January 2007 with 5 free trips for myself and my girlfriend all over the world. I believe this is a wrongful termination because I was fired over a night by a new manager in post for less than a year with no written reasons.

Posted by
Arizona
on
I am 58 years of age and feel that I was unjustly and unfairly fired from my job after 16 years of employment. I feel that the store was attempting to push me out because of my age, and years of employment with the store. I suffered various forms of harassment over the years. Now at 58 years of age, I don't have many options, and am facing extreme hardship. I will lose my home and everything that I worked so very hard for all those years if I am not compensated in some way for being wrongfully terminated.

Posted by
Texas
on
On 07/13/07 it was discovered that an employee under my supervision was using company electronic communication assets for inappropriate non-business realetd purposes. Based on their investigation, I was aware of the misconduct, and failed to take appropriate actions.
In my interview wth HR, I told them that I knew about the share about 3 years ago and I had asked the employee to remove it and I also reported it to my management.

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