What Can I Do if I Was Fired Unfairly?

Losing your job can be a devastating experience, especially when it feels like you’ve been treated unfairly. Whether you were let go without a clear explanation, terminated after reporting misconduct, or dismissed for reasons that seem discriminatory, the pain of losing your livelihood can be overwhelming. 

If you're asking yourself, "What do I do if I was fired unfairly?" — you're not alone, and you may have legal options.

Whether you’re here because you believe you’ve been fired unfairly or you’re trying to understand your rights as an employee, below you can find out what wrongful termination is, common examples, how to prove it, and what to do next if you believe you’ve been fired illegally.

At Morgan & Morgan, we believe in fighting For the People, and that means holding employers accountable when they cross the line. If you know you’ve been wrongly terminated, you can contact us today for a free case evaluation to learn more about your legal options.

What Is “Unfair” Termination?

The term “unfair” is often used to describe situations that feel morally wrong or unjust. But in legal terms, unfair doesn’t always mean unlawful. In many states, employment is considered “at-will,” meaning your employer can fire you at any time, for any reason—or no reason at all—as long as that reason isn't illegal.

So what makes a firing unlawful? Here are some examples of what can legally be considered “wrongful termination”:

Discrimination

If you were fired because of your race, color, national origin, sex, religion, age (if you’re over 40), disability, pregnancy status, sexual orientation, or gender identity, your termination could be considered discriminatory and therefore illegal under federal or state law.

Retaliation

It is illegal for an employer to retaliate against you for engaging in a “protected activity,” such as:

• Reporting harassment or discrimination
• Filing a workers’ compensation claim
• Participating in a workplace investigation
• Reporting illegal activity (whistleblowing)
• Taking protected medical leave (such as under the FMLA)
   

If you were fired shortly after engaging in any of these activities, it may be a case of retaliation.

Violation of Employment Contract

If you had a written or implied employment contract that promised job security or specific termination procedures, and your employer violated those terms, you may have a claim for breach of contract.

Constructive Discharge

Were you forced to quit because your workplace became intolerable — for example, due to ongoing harassment or unsafe conditions your employer refused to fix? This could be considered a “constructive discharge,” which is treated legally as a form of wrongful termination.

Public Policy Violations

In some states, it’s illegal to fire someone for reasons that go against public policy, such as:

• Refusing to engage in illegal activity
• Taking time off for jury duty or military service
• Voting or exercising other legal rights
  
   

Common Signs You Were Fired Unfairly

You might not always get a clear answer when you’re fired. In fact, many employers go out of their way to avoid stating a reason. But certain red flags may point to wrongful termination:

• You were let go soon after reporting misconduct
• Other employees who made similar mistakes weren’t fired
• Your performance reviews were positive, then suddenly turned negative
• You heard offensive or discriminatory remarks from coworkers or supervisors
• The timing of your termination feels suspicious (e.g., right after returning from medical leave)
   

If something doesn’t sit right, it’s worth exploring your options.

Immediate Steps to Take if You Believe You Were Fired Unfairly

1. Stay Calm and Document Everything

Even though you may be angry or hurt, try to keep your cool. Take time to write down everything that happened, including names, dates, conversations, emails, texts, and any relevant workplace events. This documentation can be essential if you decide to pursue legal action.

2. Request a Termination Letter

You’re entitled to ask for a written explanation of your termination. While your employer may not be required to provide one, having documentation of their reason (or refusal to give one) can help your case later.

3. Collect Your Employment Records

Before you lose access, save copies of:

• Performance evaluations
• HR complaints or responses
• Emails and internal messages
• Your job offer and any employment agreements
• Company policies and employee handbook
  
   

4. Avoid Signing Anything Right Away

Some employers might pressure you to sign a severance agreement or waiver quickly. Don’t sign anything without reviewing it carefully, ideally with the help of an employment attorney. These documents often include clauses that could waive your right to sue.

5. Consider Filing a Complaint

Depending on your situation, you may be able to file a complaint with a government agency like the Equal Employment Opportunity Commission (EEOC) or your state’s labor department. These agencies can investigate claims of discrimination, harassment, and retaliation.

6. Contact Morgan & Morgan

Wrongful termination cases are often complex and time-sensitive. The sooner you speak with a Morgan & Morgan employment lawyer, the better chance you have at gathering evidence, building your case, and recovering the compensation you deserve.

If you know you’ve been wrongly terminated, you can contact us today for a free case evaluation to learn more about your legal options.

How to File a Wrongful Termination Claim

Filing a wrongful termination claim can be complex, but the right legal support can make all the difference. Here's an overview of how the process typically works:

1. Speak to an Employment Attorney at Morgan & Morgan

An experienced employment lawyer can help you assess your case, gather evidence, and determine the best course of action. At Morgan & Morgan, we offer free consultations, so you don’t have to pay anything upfront to understand your rights.

2. File with the EEOC (if applicable)

If you were fired due to discrimination or retaliation, you must file a charge with the EEOC before suing your employer in court. The agency will investigate your claim and may offer mediation or a right-to-sue letter, allowing you to pursue the case in court.

3. File a Lawsuit

If you have a valid wrongful termination claim, your attorney can file a lawsuit against your employer. This legal action can seek damages for lost wages, emotional distress, and more. In some cases, you may even be reinstated to your job.

What Can I Recover in a Wrongful Termination Case?

If your claim is successful, you may be entitled to compensation that can include:

• Back Pay: Wages and benefits you lost from the date of termination to the present
• Front Pay: Compensation for future lost earnings if reinstatement isn’t possible
• Emotional Distress: Damages for the mental and emotional toll of your experience
• Punitive Damages: In extreme cases, courts may award additional damages to punish the employer
• Attorney’s Fees and Costs: Many employment laws allow you to recover the costs of your legal representation
  
   

Can I Sue if I Signed a Severance Agreement?

Severance packages can seem like a good deal in the moment, especially when you’re suddenly unemployed, but they often come with strings attached. Most severance agreements include a release of claims, which means you agree not to sue your employer.

However, even if you signed something, you may still have options:

• If the agreement was signed under pressure or without proper explanation, it may not be enforceable.
• If your employer withheld key information (like a known EEOC investigation), your agreement may be invalid.
• If your employer violated public policy, some waivers may not apply.
   

Always let a lawyer review any agreement before you sign (or even after, if you're reconsidering your decision).

When Should I Call an Employment Lawyer?

You should reach out to an attorney as soon as you suspect your termination was illegal, ideally before you take steps like filing a complaint or signing a severance deal. Time limits (called statutes of limitations) apply to many types of claims, and waiting too long can hurt your chances.

Here are some specific scenarios where it’s smart to call a lawyer right away:

• You were fired after reporting harassment or discrimination
• You were let go after requesting medical leave or accommodations
• You were terminated after reporting a safety or legal violation
• You believe you were targeted due to your race, age, disability, or another protected trait
• Your employer made false claims about your performance or conduct
  
   

How Morgan & Morgan Can Help

At Morgan & Morgan, we believe every worker deserves to be treated fairly. If you’ve been wrongfully terminated, you don’t have to go through it alone. Our team of experienced employment attorneys has handled thousands of wrongful termination claims, and we’ve recovered over $25 billion in the process.

We offer free, no-obligation case evaluations, followed by no upfront fees. That’s right—the Fee Is Free®, and you only pay if we win your case.

We’ve helped workers across the country fight back against illegal terminations, from factory workers to executives. As the nation’s largest personal injury law firm, whether your employer is a small business or a Fortune 500 company, we have the size, resources, and dedication to hold them accountable.

Getting fired unfairly isn’t just a personal setback—it could be a legal violation. If something doesn’t feel right about the way you were let go, trust your instincts and get legal help. Your job may be gone, but your rights are still intact.

Contact Morgan & Morgan today to schedule your free case evaluation.