What counts as wrongful termination?
Wrongful termination occurs when you are fired in violation of federal or state law — such as discrimination based on race, sex, age, disability, religion, or national origin (Title VII, ADA, ADEA); retaliation for whistleblowing or filing a complaint; or violation of an employment contract.
What is at-will employment and does it prevent a wrongful termination claim?
Most US employees are at-will, meaning they can be fired for any reason or no reason — but NOT for an illegal reason. Discrimination, retaliation, and contract violations are illegal even in at-will states, so being at-will does not eliminate your rights.
What should I do immediately after being fired?
Document everything: write down the date, who told you, and the exact reason given. Collect copies of performance reviews, emails, and any written warnings. Request your personnel file (you have the right in most states). File for unemployment benefits right away through your state unemployment agency.
Do I need to file an EEOC charge before suing for wrongful termination?
Yes, for most federal discrimination claims. You must file a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) at eeoc.gov within 180 days of the discriminatory act (300 days in states with their own discrimination agencies). uplaw.ai helps you complete EEOC Form 5.
How long do I have to file a wrongful termination claim?
EEOC charges for federal discrimination must be filed within 180–300 days. State law claims vary from 1–3 years. Retaliation claims under OSHA must be filed within 30 days. Missing these deadlines can permanently bar your claim, so act quickly.
What is retaliation and how do I prove it?
Retaliation is when your employer fires or punishes you for engaging in a legally protected activity — such as filing a discrimination complaint, reporting safety violations to OSHA, or taking FMLA leave. Prove it by showing the protected activity, adverse action, and a causal link (e.g., firing shortly after the complaint).
Can I file a wrongful termination claim if I was fired after a complaint to HR?
Yes. Filing an internal HR complaint is a protected activity under most federal and state anti-retaliation laws. If you are fired after making a good-faith complaint about discrimination, harassment, or safety, you can file a retaliation charge with the EEOC or your state labor agency.
What damages can I recover for wrongful termination?
Recoverable damages include back pay (lost wages from firing date), front pay (future lost wages), reinstatement, compensatory damages for emotional distress, punitive damages in egregious cases, and attorney fees. File your EEOC charge to preserve these rights.
What if I was fired in violation of an employment contract?
Employment contract violations are separate from discrimination claims and go directly to state civil court without an EEOC charge. Gather your written contract, any offer letters, and employee handbook provisions that were violated, then file in your state's civil court.
Should I sign a severance agreement after being fired?
Read it carefully before signing — most severance agreements waive your right to sue. You have 21 days to consider the offer (45 days if part of a group layoff) and 7 days to revoke after signing under the Older Workers Benefit Protection Act (OWBPA) for age discrimination waivers.
What happens after I file an EEOC charge?
The EEOC notifies your employer and may attempt mediation. If mediation fails, the EEOC investigates. If it finds probable cause, it will try conciliation. If that fails or the EEOC dismisses your charge, it issues a Right to Sue letter allowing you to file in federal court within 90 days.
Can I file a wrongful termination claim on my own without an attorney?
Yes. You can file the EEOC charge, respond to requests for information, and participate in mediation entirely on your own. The EEOC provides investigators who assist unrepresented complainants at no cost through its Public Portal at publicportal.eeoc.gov.
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