Getting fired is always difficult—but if you believe you were terminated unfairly or illegally, you may be wondering: Can I sue my employer for wrongful termination?
The short answer is yes, but not all unfair firings are considered wrongful under the law. To have a valid case, your termination must have violated specific legal protections. In this post, we’ll break down what counts as wrongful termination, the legal options available to you, and what steps to take if you’re considering legal action.
What Is Wrongful Termination?
Wrongful termination occurs when an employee is fired for a reason that violates state or federal law, public policy, or the terms of an employment agreement. It’s important to distinguish between being let go for a reason you disagree with and being let go for a reason that’s illegal.
Here are some examples of situations that may qualify as wrongful termination:
1. Discrimination
It’s illegal for an employer to fire you based on:
- Race
- Gender
- Age (40 or older)
- Religion
- National origin
- Disability
- Pregnancy
- Sexual orientation or gender identity (in most states)
If your termination followed discriminatory treatment or comments—or if a less-qualified person outside your protected class replaced you—it may be grounds for a lawsuit.
2. Retaliation
You can’t be legally fired for:
- Reporting harassment or discrimination
- Filing a workers’ compensation claim
- Reporting safety violations or illegal activity (whistleblowing)
- Requesting accommodations for a disability
- Taking family or medical leave under the FMLA
Firing an employee in retaliation for exercising legal rights is one of the most common forms of wrongful termination.
3. Breach of Contract
If you had a written or implied contract that limited your employer’s ability to fire you—or laid out specific disciplinary procedures—being terminated in violation of that agreement could be illegal.
4. Violation of Public Policy
Employers can’t fire you for reasons that go against public interest. For example, you can’t be legally fired for serving on a jury, voting, or refusing to break the law at your employer’s request.
Do I Have a Case?
To sue for wrongful termination, you’ll need to show that your employer violated a specific law or legal principle when they fired you. Consider the following questions:
- Were you recently involved in a protected activity (like reporting misconduct or requesting leave)?
- Did your employer give inconsistent or vague reasons for your termination?
- Have you experienced discriminatory treatment or remarks at work?
- Were you let go shortly after exercising your legal rights?
- Did the company fail to follow its own disciplinary or termination policies?
If you answered “yes” to any of these, it’s worth speaking with an employment attorney.
What Evidence Do I Need?
Strong wrongful termination claims are backed by documentation and a clear timeline. Here are a few types of evidence that can support your case:
- Emails or texts showing discriminatory or retaliatory behavior
- Performance reviews or written praise that contradict claims of poor performance
- Witness statements from coworkers
- Copies of complaints or reports you made to HR
- Documentation of your employment contract, handbook, or company policies
Even if you don’t have every document, an attorney can help you gather evidence through the legal process known as discovery.
What Can I Sue For?
If your claim is successful, you may be entitled to:
- Lost wages (back pay and future earnings)
- Emotional distress damages
- Punitive damages (in cases of especially egregious conduct)
- Reinstatement (in some cases, though this is less common)
- Attorney’s fees and legal costs
The exact compensation depends on your situation, your state’s laws, and the strength of your case.
How to Start the Process
- Don’t Sign Anything Yet
If your employer offers you a severance package or asks you to sign a release of claims, don’t sign without reviewing it with an attorney. You could be waiving your right to sue.
- Talk to a Wrongful Termination Attorney
Many employment lawyers offer free consultations and work on contingency—meaning they don’t get paid unless you win.
- File with the Right Agency (if applicable)
Some claims, like discrimination or retaliation, must first be filed with a government agency, such as the Equal Employment Opportunity Commission (EEOC) or your state’s fair employment agency.
- Act Quickly
Deadlines for wrongful termination claims can be short—sometimes as little as 180 days. Don’t wait too long to explore your legal options.
Final Thoughts
Being fired under unfair circumstances is frustrating and stressful—but if your termination was based on discrimination, retaliation, or a violation of your rights, the law may be on your side.
You don’t have to accept a wrongful firing without a fight. With the right guidance and legal support, you may be able to recover compensation and hold your former employer accountable.
If you believe your termination was unlawful, don’t guess—get answers. Contact an employment attorney and find out where you stand. We recommend wrongful termination lawyers maryland.
