Unlawful termination is a serious legal and emotional issue for any employee who has been unfairly dismissed from their job. Whether it’s discrimination, retaliation, or a violation of contract terms, being fired without just cause is not only unjust it may be illegal. In this article, we will clearly define unlawful termination, highlight key legal protections, and guide you on the steps you can take to defend your rights and possibly get compensated.
If you’ve been recently fired and something doesn’t feel right about it, this article will help you understand what qualifies as unlawful termination and whether your employer has crossed legal boundaries.
What Does It Mean to Define Unlawful Termination?
To define unlawful termination is to understand it as a dismissal that violates one or more aspects of employment law. While many U.S. states operate under “at-will” employment meaning an employer can terminate an employee for any reason not prohibited by law this doesn’t give employers the right to fire someone for illegal reasons.
Unlawful termination includes being fired for discriminatory reasons, retaliation for whistleblowing, refusal to participate in illegal acts, or breach of contract. These actions not only violate employee trust but also break state and federal employment laws.
Some key examples include:
- Firing someone because of their race, gender, religion, age, or disability.
- Terminating an employee for reporting harassment or unsafe work conditions.
- Dismissing someone in violation of an agreed-upon employment contract.
- Letting someone go after they request family or medical leave under FMLA.
Understanding what falls under the definition of unlawful termination is the first step toward taking action.
Different Types of Unlawful Termination
Not all job losses qualify as wrongful. However, certain terminations fall squarely under the category of being unlawful. Below are the major types:
1. Discriminatory Firing
Federal laws such as Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA) make it illegal to fire someone based on:
- Race
- National origin
- Religion
- Gender or sexual orientation
- Age (40+)
- Disability
2. Retaliatory Termination
If an employee reports workplace misconduct—like harassment, wage theft, or safety issues—and is then fired, that’s retaliation. Such terminations violate whistleblower protection laws and are considered unlawful.
3. Breach of Employment Contract
Employees under a written contract or collective bargaining agreement cannot be terminated in violation of those terms. If your employer did not follow the process defined in your contract (such as a required notice period or valid reason), this could be considered unlawful.
4. Termination Against Public Policy
Employers cannot fire someone for reasons that go against societal or legal standards. For instance, firing someone for:
- Serving on a jury
- Filing a workers’ compensation claim
- Refusing to do something illegal
Such firings are generally illegal and actionable under public policy exceptions.
Signs You May Have Been Unlawfully Terminated
Knowing whether your firing qualifies as unlawful can be difficult. However, here are some warning signs that should raise red flags:
- You were fired shortly after reporting misconduct or discrimination.
- Your employer gave vague or inconsistent reasons for the termination.
- You have documentation proving satisfactory or improved performance.
- Others with similar roles were treated differently without clear cause.
- You were terminated after taking legally protected leave (e.g., maternity leave or military duty).
If any of these scenarios apply to your case, it’s worth speaking with a qualified employment lawyer.
Legal Protections Against Unlawful Termination
Employees in the United States are protected by numerous laws that prohibit unlawful termination. These include:
- Title VII of the Civil Rights Act of 1964
Protects against discrimination based on race, color, religion, sex, or national origin. - Americans with Disabilities Act (ADA)
Prohibits termination based on physical or mental disabilities. - Family and Medical Leave Act (FMLA)
Allows up to 12 weeks of unpaid, job-protected leave for health or family reasons. - Fair Labor Standards Act (FLSA)
Governs wage, hour, and overtime violations. - Whistleblower Protection Act
Protects employees who expose illegal or unethical company behavior.
Violations of these laws can make a termination unlawful, opening the door for legal remedies such as reinstatement, back pay, and damages.
What to Do If You’ve Been Unlawfully Terminated
Taking immediate and well-informed action can make or break your case. Here’s what you should do:
- Document Everything: Save emails, messages, performance reviews, complaints filed, or any record that supports your claims.
- Request an Explanation: Ask HR or your manager for the specific reason for your termination in writing.
- File a Complaint: Consider submitting a formal complaint to your company’s HR department or directly to a legal agency like the EEOC.
- Consult an Attorney: Legal professionals like those at The Martoccio Law Firm specialize in wrongful termination and can help you build a strong case.
- File Legal Charges: If your attorney finds that you have a solid case, they may recommend filing a charge with the Equal Employment Opportunity Commission (EEOC) or pursuing a civil lawsuit.
Why Working With a Law Firm Matters
Navigating an unlawful termination case requires more than just knowledge—it requires legal strategy. A firm like The Martoccio Law Firm can:
- Evaluate your employment situation and identify legal violations.
- Gather and preserve critical evidence.
- Negotiate settlements or file lawsuits on your behalf.
- Ensure your case meets all deadlines and legal requirements.
By partnering with experienced employment attorneys, you significantly improve your chances of achieving justice and receiving compensation for damages like lost wages, emotional distress, and reputational harm.
Conclusion
To define unlawful termination is to identify any firing that breaks the law, violates public policy, or disregards employee contracts. While employers have broad authority to hire and fire, they cannot act in discriminatory, retaliatory, or unethical ways. Knowing your rights and how to defend them can make all the difference when your livelihood and future are at stake.
If you believe you’ve been wrongfully terminated, don’t wait. Legal help is available, and your road to justice can start today.
FAQs
What does it mean to define unlawful termination?
Unlawful termination refers to being fired for illegal reasons such as discrimination, retaliation, or breach of contract. It’s a violation of employment law and can be legally challenged.
How do I know if I was wrongfully terminated?
If you were fired soon after reporting misconduct, requesting leave, or while under a contract, it may be unlawful. Consult an attorney to assess your case.
Can I get my job back after unlawful termination?
In some cases, courts may order reinstatement. However, many wrongful termination cases result in monetary compensation instead.
What kind of evidence do I need to prove wrongful termination?
You’ll need documentation such as emails, performance reviews, HR complaints, or witness statements to support your claim.
Is it expensive to hire a wrongful termination attorney?
Many employment lawyers offer free consultations and may work on a contingency basis meaning they get paid only if you win.