Wrongful termination occurs when an employer fires an employee in violation of federal, state, or local laws. This includes termination based on discrimination (race, gender, age, religion, disability), retaliation for filing complaints or whistleblowing, breach of employment contract, or violation of public policy. It's important to note that most employment is "at-will," meaning employers can generally terminate employees for any reason or no reason, as long as it's not illegal.

A valid wrongful termination case typically involves one or more of the following: discrimination based on protected characteristics, retaliation for protected activities (like filing harassment complaints or workers' compensation claims), violation of employment contracts or company policies, or termination that violates public policy. If you believe your termination falls into any of these categories, it's advisable to consult with an employment attorney who can evaluate the specific facts of your case.

Document everything related to your termination, including the date, time, circumstances, and any witnesses present. Gather all relevant employment documents such as your contract, employee handbook, performance reviews, and correspondence with supervisors. File for unemployment benefits promptly, and avoid signing any documents from your employer without legal review. Most importantly, contact an employment attorney as soon as possible, as there are strict time limits for filing wrongful termination claims.

Time limits vary depending on the type of claim and jurisdiction. Federal discrimination claims must typically be filed with the EEOC within 180-300 days of termination. State law claims may have different deadlines, ranging from one to several years. Contract violations and some tort claims may have longer statute of limitations periods. Because these deadlines are strict and vary significantly, it's crucial to consult with an attorney immediately to ensure your rights are protected.

Potential damages may include back pay (wages you would have earned from termination until trial or settlement), front pay (future lost earnings), benefits you lost, emotional distress damages, punitive damages in cases of egregious conduct, and attorney's fees in certain types of cases. The specific damages available depend on the type of wrongful termination claim and applicable laws. An experienced attorney can help you understand what compensation you may be entitled to based on your specific circumstances.

Not necessarily. Employment law recognizes both "disparate treatment" (intentional discrimination) and "disparate impact" (policies that disproportionately affect protected groups, regardless of intent). For retaliation claims, you must show that you engaged in protected activity and suffered adverse employment action, but proving the employer's specific intent can sometimes be established through circumstantial evidence such as timing, patterns of behavior, or inconsistent reasons for termination.

No, this would constitute illegal retaliation. Federal and state laws protect employees who file complaints about discrimination, harassment, workplace safety violations, wage and hour violations, or other legal violations. If you're terminated after engaging in such protected activities, you may have a strong retaliation claim. Protected activities include filing complaints internally with HR, filing charges with government agencies like the EEOC or OSHA, or participating in investigations of workplace violations.

Employment contracts can provide additional protections against wrongful termination, such as requiring "just cause" for termination or specific procedures to be followed. However, these contracts may also contain provisions that limit your ability to seek certain remedies. Non-compete agreements don't prevent you from pursuing wrongful termination claims, though they may affect your ability to work for competitors. An attorney should review any contracts you signed to determine how they impact your case.

Many wrongful termination attorneys work on a contingency fee basis, meaning they only get paid if you win your case or reach a settlement. Typical contingency fees range from 25-40% of any recovery. Some attorneys may also work on an hourly basis or require a retainer. Many offer free initial consultations to evaluate your case. During your consultation, ask about fee structures, costs, and what expenses you might be responsible for regardless of the outcome.

Be very cautious about signing any severance agreement without legal review. These packages often contain releases that waive your right to sue for wrongful termination or other employment law violations. While severance can provide immediate financial relief, you may be giving up the right to pursue a potentially more valuable wrongful termination claim. An attorney can help you evaluate whether the severance offer is fair and advise whether you should negotiate better terms or pursue legal action instead.

Yes, you can still have a wrongful termination claim even during probationary periods. At-will employment doesn't override anti-discrimination and anti-retaliation laws. If you were terminated due to your protected characteristics (race, gender, age, etc.) or in retaliation for protected activities, the timing of your employment doesn't matter. However, it may be more challenging to prove damages for lost wages and benefits if you were employed for a short period.

While internal complaint processes can sometimes resolve issues, they can also be used against you later or may not adequately address legal violations. If you choose to use internal processes, document everything and be aware that there are still strict time limits for filing legal claims that continue to run regardless of internal investigations. In many cases, it's advisable to consult with an attorney before or during internal complaint processes to ensure your rights are fully protected and you don't inadvertently harm your case.