Wrongful Termination Lawyers

3 min read time

There are many reasons someone may be fired from their job, but sometimes these reasons aren’t fair. In some cases, they may even be illegal. That’s often called wrongful termination, wrongful discharge, or wrongful dismissal. So what’s wrongful about it? And why does it matter?  

 

What should I do if I was wrongfully terminated?

Being fired from your job is stressful under any circumstances, but when you're let go for reasons that are illegal or unjust, the impact goes beyond financial stress—it can leave you feeling powerless, confused, and wronged. 

At Morgan & Morgan, we believe in protecting hardworking people from unlawful employer practices. That includes wrongful termination, also known as “wrongful dismissal.”

If you believe you’ve been fired illegally, you can take the following steps:

 

1. Stay Calm and Professional

As difficult as it may be, try to stay composed and polite during the termination process. Avoid burning bridges—you may need references, witnesses, or access to documents down the line.

 

2. Request the Reason for Termination in Writing

Ask your employer for a written explanation of why you were let go. While not always legally required to provide one, their response could become valuable evidence if it contradicts their actions or your documented performance.

 

3. Collect Documentation

Preserve all related materials, including:

  • Offer letters and employment contracts
  • Performance evaluations and commendations
  • Emails, messages, or texts related to the firing
  • Employee handbook or HR policies
  • Notes from meetings or conversations with your manager or HR

     

4. Contact an Employment Attorney at 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.

 

5. File a Complaint With the EEOC or a State Agency

You may need to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or a state equivalent before pursuing a lawsuit. Your attorney can assist you with this process.

There are strict deadlines for when you can file, often within 180 days of the termination, but it varies from state to state, so don’t delay—contact us immediately so we can assist you with this process.

 

Can I file a lawsuit for being fired without cause?

Yes, you can file a lawsuit for being fired without cause, but whether your claim succeeds depends on the specifics of your employment situation and the laws in your state. 

Being "fired without cause" usually means you were let go even though you didn’t violate any policies or perform poorly. This could happen due to:

  • Restructuring or downsizing
  • A change in management
  • No clear explanation at all

In most states, this is legal under “at-will employment” laws, but there are important exceptions of when being fired without cause may be illegal. This is commonly referred to as “wrongful termination.”

 

What is wrongful termination?

Wrongful termination occurs when an employer fires an employee in violation of the law or an employment agreement. In most states, employment is “at-will,” meaning employers can terminate employees for almost any reason—or for no reason at all—as long as the reason is not illegal.

Illegal reasons include firing someone based on:

  • Discrimination (race, gender, age, religion, disability, FMLA, pregnancy, national origin)
  • Retaliation (for reporting harassment, discrimination, legal/safety violations)
  • Violation of public policy (like firing someone for serving jury duty or going to vote)
  • Breach of contract (breaking a written or implied employment agreement)
     

Just because your employer says the termination was performance-related doesn't always make it lawful. It's important to dig deeper if something feels off.

 

What are common examples of wrongful termination?

There are many scenarios in which a firing may cross the line from legal to unlawful. Below are some common examples we see at Morgan & Morgan:

 

Retaliation for Reporting Harassment or Discrimination

Federal and state laws protect employees who speak up about unlawful behavior in the workplace. If you reported sexual harassment, racial discrimination, or any other form of misconduct and were fired shortly after, this may be a case of retaliation, which is illegal.

 

Firing Based on a Protected Characteristic

Employers cannot fire someone because of who they are. If you were let go after disclosing a disability, taking maternity leave, or turning a certain age, that could be grounds for a discrimination lawsuit.

 

Whistleblower Termination

Were you fired after reporting illegal activities of your employer, unsafe working conditions, labor law violations, or financial fraud? Whistleblower laws are designed to protect employees who take a stand against unethical or illegal practices.

 

Termination in Violation of an Employment Contract

If you have an employment agreement, written or implied, that outlines specific conditions under which you can be terminated, your employer must honor that agreement. Firing you in violation of that contract is a breach, and you may have legal recourse.

 

Firing for Taking Protected Leave

Laws like the Family and Medical Leave Act (FMLA) provide workers with the right to take time off for medical reasons or to care for family members. If you’re fired for taking legally protected leave, that may be a wrongful termination.

 

What is “at-will” employment?

Most U.S. workers are considered at-will employees, meaning they can be terminated at any time, with or without notice. However, “at-will” is not a free pass for employers to fire employees for illegal reasons.

Even in at-will states, employees are protected under:

  • Federal anti-discrimination laws (Title VII of the Civil Rights Act, ADA, ADEA, etc.)
  • State-specific employment laws
  • Labor laws and union agreements
  • Whistleblower protection laws
  • Retaliation statutes
     

Don’t let the term “at-will” convince you that your employer can do whatever they want. The law is on your side if your termination crosses legal boundaries.

 

What qualifies as wrongful termination? How do I know if I was wrongfully terminated?

If you suspect your termination was unlawful, ask yourself the following questions:

  • Were you treated differently than others in similar positions?
  • Did your termination happen shortly after a protected activity (reporting harassment, taking FMLA, letting your employer know of a pregnancy, filing a workers’ comp claim)?
  • Were you ever given a reason that felt suspicious, vague, or inconsistent?
  • Do you have documentation of positive performance reviews, emails, or conversations that support your case?
  • Was your termination in direct violation of your contract or employee handbook?

Even one “yes” could be worth investigating with an experienced employment attorney. To learn more about your specific case, contact Morgan & Morgan for an easy, free case evaluation.

 

What compensation can I recover for wrongful termination?

If your wrongful termination claim is successful, you may be entitled to:

  • Back pay (lost wages and benefits from the date of firing)
  • Front pay (future lost earnings if reinstatement isn’t possible)
  • Emotional distress damages
  • Punitive damages (in extreme cases of willful misconduct)
  • Legal fees and court costs
  • Reinstatement to your previous job, if appropriate
     

The exact compensation will vary depending on your case’s specifics. Your attorney can help estimate potential damages based on precedent and evidence.

 

Can I be fired for no reason?

Yes — unless the reason is illegal. Most employment is “at-will,” but that doesn’t give employers the right to fire you based on discrimination, retaliation, or in violation of your contract.

 

Do I need to have a written contract to sue for wrongful termination?

No. While having a written contract can help, you may still have a claim based on implied contracts, company policies, or violations of state and federal laws.

 

What if I was asked to resign?

If you were forced to resign under pressure, also known as a “constructive discharge,” it may still qualify as wrongful termination, especially if the working conditions became intolerable due to harassment, discrimination, or retaliation.

 

How long do I have to file a wrongful termination claim?

The deadlines to file a wrongful termination claim vary based on your location and the type of claim:

  • EEOC charges: 180 days (extended to 300 in some states)
  • Breach of contract: Typically 2-6 years depending on the state
  • Retaliation claims: Vary by jurisdiction

The amount of time you have to file, known as the statute of limitations, varies by state and the specifics of your case. However, some exceptions may apply.

It's important to file your claim as soon as possible to preserve your legal rights. Failing to file within the statute of limitations could result in your case being dismissed, meaning you may lose the opportunity to recover compensation for your injuries.

Since deadlines can vary by state and situation, it's best to consult with a personal injury attorney as soon as possible after the incident to understand the specific timeline for your case. An attorney can help ensure your claim is filed correctly and on time.

 

What can I expect from a wrongful termination settlement?

Wrongful termination can have a profound effect on your standard of living. The sudden loss of a job leaves you without income to pay for daily living expenses, as well as significant monthly items such as mortgage and car payments. If you lost your job because an employer violated a state or federal employment law, you might have a strong enough case to seek just compensation for your financial losses.

Most wrongful termination claims never see the light of a civil courtroom. Instead, the attorneys representing each party try to negotiate a favorable settlement for both the employer and the wrongfully terminated worker. Settling a wrongful termination claim does not mean you do not get the compensation you deserve. It simply means you avoid a protracted legal battle that unfolds during a civil lawsuit.

 

How are wrongful termination claims valued?

Several factors come into play for valuing a wrongful termination claim.

 

Lost Wages

Lost wages cover the amount of money you would have received if your employer had not wrongfully terminated you. The date of your firing to the date of the settlement is how employment law calculates lost wages. You might also qualify for future wages if you have not found a job after the wrongful termination.

 

Lost Benefits

You deserve compensation for any lost job benefits. For instance, if you had to pay for your own health insurance after wrongfully losing your job, you have the right to seek compensation that covers the cost of paying for your own health insurance. The same principle applies to company-sponsored retirement and life insurance plans.
 

Pain and Suffering

Pain and suffering covers several factors, with emotional distress the most common factor associated with losing your job. Fear of falling behind on bills and the anxiety caused by lack of employment opportunities might be worth a substantial amount of money for a wrongful termination settlement. Losing your job might have also caused physical issues, such as an increase in blood pressure and the development of acute migraine headaches.

 

Do I need a lawyer for a wrongful termination case?

Losing your job unjustly can feel like the world is against you. But you don’t have to go through it alone. If you believe you were wrongfully terminated, an experienced employment lawyer can help you maximize the compensation you need and deserve to move forward with your life.

At Morgan & Morgan, we believe that every worker deserves dignity, respect, and fairness—not just those in executive positions. That’s why we fight for everyday people across the country who’ve been unfairly fired, demoted, or mistreated in the workplace.

We’ve recovered over $25 billion in our 35 years of experience, and we work on a contingency fee basis, which means you don’t pay unless we win. Our employment law team has the resources to go toe-to-toe with major employers, big corporations, and their high-priced legal teams—and win.

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.

 

Do I have to pay for a consultation with a lawyer?

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

 

Who will be on my case team?

When you hire Morgan & Morgan, you don’t just hire a lawyer, you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.

Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team that includes a primary attorney who will oversee your case and ensure you receive personalized attention throughout the process.

 

When do I meet with my lawyer?

We love talking to our clients. You will primarily communicate with your Case Manager via telephone and email, and if you would like to speak directly with your attorney via telephone, we will make that happen by scheduling a call.

 

How much does it cost to hire Morgan & Morgan?

Morgan & Morgan’s lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

Disclaimer
This website is meant for general information and not legal advice.

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