What Is a Wrongful Termination Claim?
Let me tell you directly: a wrongful termination claim is something you file in court if you think you were fired from your job unjustly or illegally. I'm talking about situations where your firing violated federal or state antidiscrimination laws, your employment contract, or labor laws like those for collective bargaining or whistleblowing. If you believe your termination involved sexual harassment or was payback for complaining about your employer, that's grounds for a claim too.
Key Takeaways
Here's what you need to grasp: a wrongful termination claim is essentially a lawsuit you bring against your employer for firing you illegally. Most of these claims stem from breaking state or federal laws, but they can also come from breaching an employment contract. You might file one if you were dismissed due to discrimination, your medical history, retaliation for whistleblowing or filing complaints, trying to organize a union, or without proper cause in your contract. If you win, compensation could mean money for lost wages and expenses, or even getting your job back.
Understanding a Wrongful Termination Claim
In most U.S. states, employment is 'at-will,' which means your employer can fire you without a reason or notice—though they often give notice for things like COBRA health benefits or unemployment insurance. But don't think that gives them free rein; they can't fire you for illegal reasons or if it breaks a contract. If you feel your firing violated laws or agreements, you can file a wrongful termination claim—it's like suing your former company for unfair dismissal.
If you succeed, you could get monetary damages for lost pay, job search costs, and other expenses. You might even demand your job back or a similar position. Depending on why you were fired, the employer could face legal penalties too.
Types of Wrongful Termination Claims
You can base your claim on several grounds, and I'll outline the main ones here without fluff.
Discrimination
If you were fired because of your race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability, or genetic information like family medical history, that's discrimination under EEOC laws. Check the EEOC website for how to file a charge—you have to do that before suing.
Retaliation
Your employer can't punish you for reporting illegal activities at work—that's whistleblower protection. It's also illegal to fire you just for filing a workers' compensation claim, but you'll need to prove it was retaliation, not something like poor performance.
Medical History
Under the Genetic Information Nondiscrimination Act (GINA), employers can't use your genetic info—like disease risks or family history—in firing decisions.
Organizing
The National Labor Relations Act (NLRA) protects your right to 'concerted activity' for better wages or conditions, like forming a union. You don't need to be in a union already for this to apply, and firing you for it is wrongful.
Lack of Cause
If your contract says you can only be fired 'for cause'—like misconduct or sabotage—and they didn't provide one, that's a breach. This is more about contract violation than breaking a law.
How to File a Wrongful Termination Claim
Start by reviewing your employment contract or offer letter to see your rights and if everything was followed in your firing. Don't sign any severance deal that makes you waive your right to sue—hold off on that.
Talk to a labor or employment lawyer right away for advice on your case and representation. Deadlines vary by state and federal laws, so act fast. If you can, get your personnel file—it'll show who fired you, why, and include docs like warnings or reviews that your lawyer will need.
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