Losing a job can create immediate financial and professional challenges, particularly when an employee believes the termination violated employment law. Not every unfair or unexpected termination is legally wrongful, however. Employment laws protect workers from specific forms of unlawful discrimination, retaliation, and other prohibited employment practices.
Understanding the legal basis for a claim, gathering evidence, and following applicable administrative procedures are important first steps for anyone considering an employment dispute.
What Is Wrongful Termination?
Wrongful termination generally refers to a discharge that violates applicable law, an employment contract, or another legally enforceable obligation. In the United States, many employment relationships are considered “at will,” meaning an employer can generally terminate an employee for any lawful reason. However, federal and state laws create important exceptions.
Federal employment laws prohibit certain discriminatory and retaliatory employment actions. The Equal Employment Opportunity Commission (EEOC), for example, enforces federal laws prohibiting employment discrimination based on protected characteristics, including race, color, religion, sex, national origin, disability, and age 40 or older.
Other laws may protect employees who engage in legally protected activities, such as reporting discrimination or requesting certain workplace accommodations.
Identify the Legal Basis for the Claim
Before considering how to sue for wrongful termination, an employee should identify the specific law or legal right that may have been violated. Being treated unfairly, having a difficult relationship with a supervisor, or being terminated without warning does not automatically establish an unlawful termination.
Potential legal theories may include:
- Employment discrimination
- Retaliation for protected activity
- Retaliation for requesting a disability accommodation
- Retaliation for participating in an EEO investigation
- Violations of an employment contract
- Certain public-policy violations under state law
- Other state or federal employment protections
The applicable law depends on the facts, the employer, the employee’s location, and the circumstances surrounding the termination.
Gather Evidence Before Filing
Evidence can be critical in an employment dispute. Employees should preserve relevant records that they are legally entitled to retain and avoid altering or deleting documents.
Potentially relevant evidence may include:
- Termination letters or emails
- Performance evaluations
- Employment policies
- Written warnings
- Emails or messages concerning the termination
- Records of complaints or reports
- Accommodation requests
- Names of potential witnesses
- Documentation concerning similarly situated employees
A timeline can also be useful. Recording important events in chronological order may help identify whether a protected activity occurred shortly before an adverse employment action.
Employees should also be careful with confidential or proprietary information. Evidence should be preserved lawfully rather than obtained through unauthorized access to employer systems.
Consider the EEOC Process
For many federal discrimination and retaliation claims, an employee must first file a charge with the EEOC before bringing a lawsuit in federal court. The EEOC explains that filing requirements can vary depending on the type of discrimination and the jurisdiction. In many situations, a charge must be filed within 180 days, although the deadline can extend to 300 days where a state or local agency enforces a similar discrimination law.
There are exceptions and different deadlines for certain claims. Age discrimination claims, for example, have specific filing rules. Employees should therefore determine the applicable deadline rather than relying on a general timeframe.
Missing an administrative deadline can affect the ability to pursue a federal claim.
What Happens After an EEOC Charge?
After a charge is filed, the EEOC may investigate the allegations, request information from the employer, facilitate mediation in appropriate cases, or take other administrative steps.
The process does not automatically mean that the employee will receive a favorable determination. The EEOC may close a charge or issue a Notice of Right to Sue, depending on the circumstances.
A Notice of Right to Sue can be particularly important because it may start the deadline for filing a lawsuit in federal court. For many claims covered by Title VII, an employee generally has 90 days after receiving the notice to file a federal lawsuit.
When Should You Contact an Employment Attorney?
An employment attorney can help determine whether the facts support a potential legal claim and which procedures apply. Legal advice can be particularly useful when several employment laws may overlap.
An attorney may review:
- The reason given for termination
- The timing of workplace events
- Evidence of protected activity
- Employment policies and contracts
- Treatment of comparable employees
- Potential damages
- Administrative filing requirements
Early legal review can also help preserve evidence and prevent important deadlines from being overlooked.
What Damages May Be Available?
Potential remedies depend on the applicable law and the facts of the case. Depending on the claim, available relief may include back pay, reinstatement, front pay, lost benefits, attorney’s fees, and other remedies.
For certain intentional discrimination claims, compensatory and punitive damages may also be available, subject to statutory requirements and limitations. The EEOC explains that remedies and monetary damage caps can vary based on the applicable federal law and the size of the employer.
State laws may provide additional protections or remedies.
What If the Employer Claims a Legitimate Reason?
An employer may argue that the termination resulted from performance problems, misconduct, restructuring, attendance issues, or another legitimate business reason. The existence of such an explanation does not by itself resolve whether unlawful discrimination or retaliation occurred.
Employment cases often involve evaluating the available evidence and the sequence of events. Relevant evidence may include whether the employer’s explanation is consistent with documented performance history and whether similarly situated employees were treated differently.
The legal analysis depends on the applicable statute and evidence rather than simply on whether the employee disagrees with the employer’s decision.
Understanding the Legal Process
Knowing how to sue for wrongful termination requires more than filing a complaint in court. The appropriate process may begin with an internal complaint, an administrative charge, a state agency proceeding, or another required step before litigation.
Employees should identify the potential legal claim, preserve relevant evidence, determine applicable deadlines, and understand whether an administrative filing is required. Because employment law varies considerably between federal and state jurisdictions, professional legal advice can help ensure that the correct procedures are followed.
A well-organized record of the employment relationship, termination, and events leading to it can make the underlying facts easier to evaluate and can help the parties understand which legal issues actually require resolution.
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