What Legally Counts As Wrongful Termination An Employment Lawyer

Bonisiwe Shabane

-Oct 24, 2025, 5:26 PM

what legally counts as wrongful termination an employment lawyer

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One of the biggest concerns I hear from both employees and small businesses is knowing their legal rights when it comes to termination. Understanding what constitutes an unlawful termination is the first step in protecting against legal issues in the future. I have handled high-profile cases of wrongful termination against the largest companies, and most cases have the same common threads, including discrimination, harassment, Family Medical Leave Act (“FMLA”) violations and retaliation. To clarify, not all dismissals are considered wrongful. Assuming you are an employee at will with no contract of employment, you can be terminated for any reason or no reason at all — so long as the motivating reason was not unlawful. While a termination may be unfair or unwarranted, that does not mean it is unlawful.

Therefore, it is important to know what types of terminations fall into the unlawful category. Related: Terminating an Employee? These Are the Legal Ins and Outs You Need to Know In today’s dynamic job market, understanding your rights as an employee is crucial. One area that often causes confusion and distress is the concept of wrongful termination. Many workers find themselves in situations where they believe their dismissal was unjust, but determining whether it meets the legal criteria for wrongful termination can be challenging.

This comprehensive guide aims to shed light on what constitutes wrongful termination, how it differs from legal dismissals, and what steps you can take if you believe you’ve been unfairly let go from your... The employment landscape is complex, with various laws and regulations governing the relationship between employers and employees. While companies generally have the right to manage their workforce, there are important limitations on how and why they can terminate an employee. Wrongful termination occurs when an employer fires a worker in violation of employment laws, contractual agreements, or public policy. Understanding the nuances of wrongful termination is essential for both employees and employers. For workers, it provides a framework to recognize when their rights have been violated and empowers them to take appropriate action.

For employers, it underscores the importance of fair and legal employment practices, helping them avoid costly litigation and maintain a positive workplace culture. In this article, we’ll explore the various aspects of wrongful termination, from common examples to legal protections and steps for building a case. Whether you’re an employee concerned about your job security or an employer seeking to ensure compliance with labor laws, this guide will provide valuable insights into navigating the complex terrain of employment termination. Wrongful termination is a legal concept that refers to the unlawful dismissal of an employee. It occurs when an employer fires a worker in a manner that violates employment laws, breaches contractual obligations, or goes against established public policy. While the specifics can vary depending on jurisdiction, wrongful termination generally encompasses situations where an employee is dismissed for reasons that are discriminatory, retaliatory, or in violation of an employment agreement.

Wrongful termination happens when your employer fires you for an illegal reason. Learn what qualifies as wrongful discharge and the actions you can take. Your termination could be wrongful if your employer fired you: Termination could also be considered wrongful if your employer fired you but did not follow their termination policies. If you were fired because of discrimination, file a report with the Equal Employment Opportunity Commission (EEOC). If you were fired in retaliation for reporting unsafe or illegal work practices or products, you have whistleblower protections.

Report your termination to the Occupational Safety and Health Administration (OSHA). Find instructions for filing a whistleblower complaint. Wrongful termination is a terminated employee's claim that the firing breached an employment contract or public policy. Where an employment contract requires termination only “for cause,” or a justification/reason for termination, and the employer fails to provide an adequate reason for the firing, a terminated employee can bring a legal action... For cause employment can also implicate permanent employment which further protects employees from wrongful termination. For example, in Nicosia v Wakefern, the court held that the provision in the employee handbook, which stated for cause termination established an implied contract for permanent employment which provided the grounds for a...

Most wrongful discharge claims arise under the default rule of at-will employment, in which both the employer and employee can end employment at any time and for any reason or no reason at all,... Wrongful discharges violate public policy if the employee is terminated for: If the case falls within one of these four pigeonholes, then the court will consider the third-party effects of the termination before determining whether the employment termination was a wrongful discharge for public policy... xr:d:DAF29jpAl-w:2,j:7246704078532991931,t:23121414 Losing a job is always stressful, but when you believe you were fired unfairly, it can feel even more overwhelming. Many people assume that being terminated without cause is illegal, but in most cases, employment in the U.S.

is “at-will,” meaning employers can let employees go for almost any reason. However, there are exceptions. So, what qualifies as wrongful termination? Let’s break it down. It is illegal to fire someone based on their race, color, religion, gender, national origin, age, disability, or genetic information. These protections are enforced under federal laws like Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA).

Examples of discrimination-based wrongful termination include: Employers cannot legally fire you for reporting illegal activities, harassment, or unsafe working conditions. This is known as retaliation, and it’s protected under laws like the Occupational Safety and Health Act (OSHA) and the Whistleblower Protection Act. Examples include: If you have a written, verbal, or implied contract that outlines specific terms of employment, firing you in violation of that agreement may constitute wrongful termination. For example:

Hearing about employment termination is not surprising these days. In fact, one might go as far as saying that many are desensitized to such news at present. Due to policy changes under the new US administration, 59,000 federal jobs were eliminated between January and June of 2025. In the tech sector, so far in 2025, 133,070 people have lost their jobs. Also, 40 percent of employers are looking to make cuts in their staff and opt for a more AI-centric workforce. So yes, employment termination has become super common these days.

Yet, allegations of wrongful termination will always be there, and these allegations can shake any business. For employers, these claims threaten finances and also disrupt workplace morale and reputation. Understanding how to deal with wrongful termination legally helps protect the company while keeping employee trust intact. And here’s how you can do so. When an allegation of wrongful termination arises, the first step for employers is to revisit internal policies. Every company should already have a documented framework that guides hiring, performance reviews, and termination.

If the allegation suggests inconsistency, employers must verify whether their decision is aligned with written policies. A firing can be unfair, abrupt, or handled poorly and still be legal. It only becomes “wrongful” when the reason for it breaks the law, such as when the termination violates a statute, goes against public policy, or breaches an agreement that limits the employer’s discretion. Here are the main legal reasons a firing can be considered wrongful: Federal law prohibits firing someone because of their race, sex, age, disability, or other protected characteristics. California as well as other states expand protections further, sometimes covering smaller employers or additional categories like marital status or gender identity.

Below are examples where the stated reason for the termination didn’t hold up because the real reason was tied to bias. An employee reported that coworkers had made racial slurs toward him on the shop floor. Instead of investigating, the company fired him the following week. Several, less experienced employees of a different race were kept. There was no record of performance issues or misconduct in his file. After telling HR she was pregnant, a manager with strong annual reviews was suddenly removed from a high-profile account.

Two weeks later, she was terminated. Her company cited a “restructuring,” but she was the only person affected.

What Legally Counts As Wrongful Termination An Employment Lawyer

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