Losing a job is stressful, but being fired unfairly can feel like a betrayal. While most employment in the U.S. is “at-will,” meaning an employer can let you go at any time without reason, there are legal protections in place to prevent wrongful termination. If you suspect your termination was unjust, recognizing the warning signs can help you take the right steps to seek justice.
What is Wrongful Termination?
Wrongful termination occurs when an employer fires an employee for illegal reasons, such as discrimination, retaliation, or breach of contract. While employers often provide legitimate reasons for terminations, there are times when the real cause is unlawful. Recognizing the red flags early can help you determine if you have a case.
Signs You Were Wrongfully Terminated
1. You Were Fired After Reporting Misconduct
If you reported harassment, discrimination, workplace safety violations, or illegal activity and were fired shortly after, this could be retaliation—which is illegal. Employers cannot punish employees for speaking up about unethical or illegal behavior.
✔ Example: You file a sexual harassment complaint against your manager. A month later, you’re fired for vague reasons like “poor performance” despite receiving positive reviews previously.
2. Your Employer Gave a False or Inconsistent Reason for Termination
A sudden shift in how your performance is evaluated or conflicting explanations for your termination can signal wrongful dismissal. If you were fired for “poor performance” despite excellent past reviews or a recent promotion, it could indicate an unlawful motive.
✔ Example: Your boss praises your work for months, then suddenly claims you’re not meeting expectations without providing any specifics.
3. You Were Treated Differently Than Other Employees
If other employees committed similar infractions but were not fired, your termination could be discriminatory. Employers cannot single out employees based on race, gender, age, disability, national origin, religion, or other protected characteristics.
✔ Example: You are the only woman in your department, and you are fired for being late once, while male colleagues with repeated tardiness remain employed.
4. Your Employer Violated an Employment Contract
If you have a written or implied employment contract that specifies the terms of your employment, termination that violates those terms could be unlawful. This includes union contracts, offer letters with job security promises, or company policies that require a progressive discipline process before firing.
✔ Example: Your contract states you can only be fired for “just cause,” but you are terminated without explanation.
5. Your Termination Followed a Medical or Family Leave
If you took Family and Medical Leave Act (FMLA) leave or requested a disability accommodation under the Americans with Disabilities Act (ADA) and were fired soon after, it may be wrongful termination. Employers cannot retaliate against employees for exercising their legal rights.
✔ Example: You take leave to recover from surgery under FMLA, and when you return, you’re fired because your employer “needed someone more reliable.”
6. There Was Discrimination in the Workplace
Being fired due to your age, gender, pregnancy, disability, sexual orientation, or other protected class is illegal under federal and state anti-discrimination laws. Sometimes, an employer may not explicitly state discrimination as the reason, but patterns of bias may be present.
✔ Example: A company has a history of letting go of employees over 50, replacing them with younger, less-qualified workers.
7. Your Termination Happened After Filing for Workers’ Compensation
Firing an employee after they file a workers’ compensation claim for a workplace injury can be a form of retaliation. Employers cannot punish workers for seeking medical care or reporting workplace injuries.
✔ Example: You hurt your back while lifting heavy materials at work, file a workers’ compensation claim, and are fired shortly after under the excuse of “budget cuts.”
8. You Were Fired for Refusing to Engage in Illegal or Unethical Practices
Employers cannot fire you for refusing to participate in illegal or unethical activities, such as fraud, unsafe work conditions, or falsifying documents. If you were pressured to do something illegal and got fired for refusing, you may have a whistleblower retaliation case.
✔ Example: Your manager asks you to alter financial records illegally, and when you refuse, you are let go.
9. Your Position Was Eliminated, But Someone Else Was Hired
If your employer claims your job was eliminated but then hires someone else to replace you, it could indicate a wrongful termination—especially if you belong to a protected class or previously reported workplace misconduct.
✔ Example: You are told your job is being phased out, but a younger, less-experienced employee takes over your responsibilities days later.
For legal guidance we recommend wrongful termination lawyers maryland.