Being terminated from a job can be a challenging and emotional experience. While most employment in the United States is considered “at-will,” meaning employers have the right to terminate employees at any time for any reason (or no reason), this general rule is not without exceptions. Employees are still protected from certain types of wrongful termination under federal, state, and local laws. Understanding your rights and the legal grounds for wrongful termination is key to determining whether your termination was unjust and whether you have a valid claim.

In this blog post, we’ll break down the various legal grounds for wrongful termination and how these laws protect employees from unfair dismissal. Knowing these protections can empower you to take the necessary steps if you feel you’ve been wrongfully terminated.

1. Discrimination: Firing Based on Protected Characteristics

One of the most common legal grounds for wrongful termination is discrimination. Federal and state laws protect employees from being fired due to their race, gender, sexual orientation, religion, national origin, age, or disability. These protections are provided under various laws, including the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA).

If you were fired for being part of a protected class, your termination may be considered discriminatory and therefore wrongful. For example, an employer cannot terminate an employee simply because of their gender, race, or age. If you suspect that your termination was based on discrimination, some red flags might include:

Discriminatory remarks made by supervisors or coworkers.

A pattern of unfavorable treatment based on a protected characteristic.

A sudden, unexplained termination after a history of positive performance reviews.

2. Retaliation: Firing for Protected Activities

Another important legal ground for wrongful termination is retaliation. It is illegal for an employer to fire an employee in retaliation for participating in activities that are protected by law. Common activities that are protected under retaliation laws include:

Filing a complaint about workplace safety issues.

Reporting illegal activities (whistleblowing).

Participating in an investigation or lawsuit related to workplace discrimination or harassment.

Exercising your right to take family or medical leave under the Family and Medical Leave Act (FMLA).

If you filed a harassment complaint, reported wage theft, or took approved leave and were then terminated shortly afterward, this could be considered retaliatory discharge. The law protects employees from being punished for standing up for their rights, and any termination following these actions may be wrongful.

3. Breach of Employment Contract: Violating Terms of Agreement

If you have an employment contract that outlines specific terms and conditions for your job, including how and when you can be terminated, your employer is legally obligated to follow those terms. If you have a contract that specifies that you can only be terminated for cause (such as poor performance, misconduct, or violation of company policies) and your employer fires you for another reason, this could constitute wrongful termination.

Additionally, even if your contract is silent about termination conditions, if you are a unionized employee, you may be protected by a collective bargaining agreement (CBA), which outlines how terminations should occur and under what circumstances. If your employer violates the contract or CBA provisions when firing you, it may be wrongful termination.

4. Violation of Public Policy: Wrongful Termination for Legal Reasons

Employees are also protected from being fired for reasons that violate public policy. Public policy refers to laws, rights, and societal values that benefit the community as a whole. For example, an employer cannot fire an employee for:

Taking time off to serve on a jury.

Refusing to engage in illegal activities (such as committing fraud or falsifying documents).

Taking time off for voting in a local, state, or national election.

Reporting unsafe working conditions or other violations of workplace safety regulations.

These activities are protected because they serve the public good or help maintain the integrity of society. If you were fired for engaging in any of these activities, your termination may have been wrongful.

5. Constructive Discharge: Forced to Quit Due to Intolerable Conditions

Constructive discharge is a legal concept that occurs when an employer creates a work environment that is so unbearable that an employee feels forced to quit. While this may not be a direct firing, it can still be considered wrongful termination in some cases. Common factors that could lead to constructive discharge include:

Harassment or discrimination.

Unsafe working conditions.

A significant reduction in job duties or compensation.

A toxic or hostile work environment that makes it impossible to continue working.

In these cases, the employee may feel they have no choice but to resign. If the working conditions are deemed intolerable, the employee may still be entitled to claim wrongful termination, even though they technically quit their job.

6. Whistleblower Protections: Reporting Illegal or Unethical Behavior

Whistleblower protection laws protect employees who report illegal or unethical practices within their organization. If an employee reports violations of the law, such as financial fraud, environmental damage, or unsafe workplace conditions, their employer cannot retaliate by firing them.

Federal laws such as the Sarbanes-Oxley Act and the Dodd-Frank Act provide whistleblower protections for employees who report corporate wrongdoing. If you’ve reported misconduct and were subsequently terminated, you may have a valid claim for wrongful termination under these laws.

7. Family and Medical Leave Act (FMLA): Protecting Your Right to Take Leave

The Family and Medical Leave Act (FMLA) provides eligible employees with the right to take up to 12 weeks of unpaid leave to care for a family member, recover from a serious health condition, or give birth. If an employer fires an employee for taking FMLA leave, it could constitute wrongful termination. Similarly, if an employer penalizes you for requesting time off under the FMLA, this may be a violation of your rights.

Conclusion

While at-will employment gives employers a wide degree of flexibility in firing employees, it does not grant them the right to dismiss employees for illegal reasons. Wrongful termination can occur for several reasons, including discrimination, retaliation, breach of contract, and violation of public policy. Understanding your rights and the legal grounds for wrongful termination is crucial if you believe your firing was unjust.

If you suspect you’ve been wrongfully terminated, it’s important to document any relevant details, seek legal advice, and explore your options for pursuing justice. An experienced employment law attorney can help you navigate the complexities of wrongful termination claims and determine the best course of action to protect your rights.

If you believe your termination violated any of the legal grounds outlined above, don’t hesitate to contact a legal professional for guidance. We recommend wrongful termination lawyers maryland.