Northwind Law
Wrongful Termination attorney

Wrongful Termination Attorneys

Experienced legal representation for wrongful termination matters across all 50 states.

Request a ConsultationCall: 1-844-6-NWIND-1 (1-844-669-4631)
46,047
Retaliation Charges Filed with EEOC (FY 2023)
Source: U.S. Equal Employment Opportunity Commission
55.8%
Percentage of EEOC Charges Alleging Retaliation
Source: U.S. Equal Employment Opportunity Commission
$665.5 million
Monetary Benefits from EEOC Resolutions (FY 2023)
Source: U.S. Equal Employment Opportunity Commission
22.4 weeks
Average Duration of Unemployment After Job Loss
Source: Bureau of Labor Statistics

About Wrongful Termination

Wrongful termination occurs when an employer fires an employee in violation of federal or state laws, employment contracts, or public policy. While most employment in the United States is considered "at-will," meaning either the employer or employee can end the relationship at any time for any lawful reason, there are critical exceptions that protect workers from illegal dismissals. An employer cannot fire someone based on their race, gender, age, religion, national origin, disability, or other protected characteristics under Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and numerous state equivalents.

Wrongful termination also includes firings that violate an express or implied employment contract, retaliatory terminations for reporting illegal activity or unsafe working conditions (whistleblowing), and dismissals that breach company policies outlined in employee handbooks. For example, if an employer fires an employee for filing a workers compensation claim, reporting sexual harassment, refusing to participate in illegal activity, or taking legally protected leave under the Family and Medical Leave Act, those terminations may be actionable.

Proving wrongful termination requires demonstrating that the employers stated reason for the firing was either unlawful on its face or a pretext for an illegal motive. This often involves showing patterns of discriminatory treatment, close timing between a protected activity and the termination, inconsistent application of company policies, or direct evidence such as discriminatory statements by supervisors. Remedies for wrongful termination can include reinstatement, back pay, front pay, compensatory damages for emotional distress, punitive damages in cases of willful misconduct, and recovery of attorney fees. The legal landscape varies significantly by state, with some states offering broader protections than federal law provides.

Why You Need a Wrongful Termination Attorney

Losing a job is one of the most stressful experiences a person can face, affecting financial stability, health insurance coverage, career trajectory, and emotional wellbeing. When that job loss results from illegal conduct by an employer, the impact is compounded by feelings of injustice and powerlessness. Wrongful termination laws exist to ensure that employers cannot abuse their authority by firing workers for exercising legal rights, belonging to protected classes, or reporting illegal conduct.

These protections serve a broader public purpose as well. Without wrongful termination safeguards, employees would be afraid to report safety violations, fraud, or discrimination, allowing dangerous and illegal practices to continue unchecked. The legal framework encourages a fair and transparent workplace where employment decisions are based on legitimate business reasons rather than bias, retaliation, or personal animus. Holding employers accountable through wrongful termination claims also deters future misconduct and promotes compliance with employment laws across industries.

Common Wrongful Termination Cases

Retaliatory Termination

Employees fired for reporting workplace safety violations to OSHA, filing discrimination complaints with the EEOC, reporting fraud or illegal activity, or participating in investigations of employer misconduct. Retaliation is one of the most commonly filed charges with the EEOC.

Discriminatory Discharge

Terminations motivated by an employees race, color, sex, religion, national origin, age, disability, or pregnancy status. The employer may offer a pretextual reason, but evidence reveals the true discriminatory motive behind the firing decision.

Breach of Employment Contract

Firings that violate the terms of a written employment agreement, including termination without the required notice period, failure to follow contractual disciplinary procedures, or discharge without the "good cause" required by the contract.

Violation of Public Policy

Dismissals that violate established public policy, such as firing an employee for serving on jury duty, voting, filing a workers compensation claim, refusing to commit an illegal act, or exercising a statutory right.

FMLA Retaliation

Employees terminated for requesting or taking leave under the Family and Medical Leave Act, including leave for a serious health condition, to care for a family member, or for the birth or adoption of a child. Interference with FMLA rights is also actionable.

Whistleblower Termination

Workers fired after reporting violations of law by their employer to government agencies or internal compliance departments. Federal and state whistleblower statutes provide specific protections and remedies for these situations.

Constructive Discharge

Situations where an employer makes working conditions so intolerable that a reasonable person would feel compelled to resign. Courts treat these forced resignations as equivalent to wrongful terminations when the conditions were deliberately created.

Typical Wrongful Termination Case Timeline

1

Initial Consultation and Case Evaluation

1-2 weeks

The attorney reviews the circumstances of your termination, examines employment documents, identifies potential legal claims, and advises on the strength of your case. You should gather all relevant documents including your employment contract, termination letter, performance reviews, and communications with supervisors.

2

Administrative Filing

1-3 months

For discrimination and retaliation claims, a charge must typically be filed with the EEOC or a state equivalent agency within 180 to 300 days of the adverse action. The agency may investigate the charge, attempt mediation, or issue a right-to-sue letter.

3

Demand Letter and Negotiation

1-3 months

Your attorney sends a formal demand letter to the employer outlining the legal claims and seeking a settlement. Many cases are resolved through direct negotiations at this stage without the need for formal litigation.

4

Filing a Lawsuit and Discovery

6-18 months

If negotiations fail, a lawsuit is filed in the appropriate court. The discovery phase involves exchanging documents, taking depositions of witnesses and decision-makers, and gathering evidence to support your claims.

5

Mediation or Settlement Negotiations

1-3 months

Most courts require or encourage mediation before trial. A neutral mediator helps both sides explore settlement possibilities. The majority of wrongful termination cases settle before reaching trial.

6

Trial

3-10 days

If no settlement is reached, the case goes to trial before a judge or jury. Both sides present evidence, examine witnesses, and make legal arguments. A verdict is rendered, and post-trial motions or appeals may follow.

Know Your Rights

  • You cannot be fired for your race, color, sex, religion, national origin, age (40+), disability, pregnancy, or genetic information under federal law. Many states add protections for sexual orientation, gender identity, and other characteristics.
  • You have the right to report illegal activity, safety violations, or discrimination without being fired in retaliation. Numerous federal and state whistleblower statutes protect employees who report wrongdoing.
  • If you have a written employment contract specifying the duration of employment or requiring "good cause" for termination, your employer must honor those terms.
  • You have the right to file a complaint with the EEOC or your state employment agency if you believe you were fired for discriminatory or retaliatory reasons.
  • You are entitled to take up to 12 weeks of unpaid leave per year under the FMLA for qualifying medical or family reasons without fear of termination, provided you meet eligibility requirements.
  • You cannot be fired for exercising legal rights such as voting, serving on a jury, filing a workers compensation claim, or engaging in legally protected union activity.
  • Many states require employers to provide a reason for termination upon request, and you are entitled to access your personnel file in numerous jurisdictions.

What to Look for in a Wrongful Termination Attorney

When selecting a wrongful termination attorney, look for someone with significant experience in employment law and a track record of handling cases in your specific area, whether it involves discrimination, retaliation, contract breaches, or whistleblower claims. The attorney should be familiar with both federal and state employment laws applicable in your jurisdiction, as protections vary considerably by state. Ask about their experience with the administrative process, including filing charges with the EEOC or state agencies, as many wrongful termination claims require exhausting administrative remedies before filing a lawsuit. Evaluate whether the attorney has trial experience, since a credible threat of litigation strengthens your negotiating position. Consider their communication style, responsiveness, and willingness to explain the legal process in terms you can understand. Request an honest assessment of your case during the initial consultation, including the strengths, weaknesses, and realistic range of outcomes.

Questions to Ask Your Wrongful Termination Attorney

  1. 1Based on the facts I have described, do I have a viable wrongful termination claim, and under which legal theories?
  2. 2What evidence do I need to gather or preserve to strengthen my case, and is there a risk of the employer destroying evidence?
  3. 3What are the filing deadlines for my claims, and have any deadlines already passed or are close to expiring?
  4. 4What is the realistic range of compensation I might recover, including back pay, front pay, emotional distress damages, and attorney fees?
  5. 5Would you recommend pursuing an administrative charge first, or is direct litigation a better strategy for my situation?
  6. 6How long do you expect my case to take from start to resolution, and what factors could shorten or extend that timeline?
  7. 7What are the potential risks or downsides of pursuing this claim, including the possibility of counterclaims by my former employer?

Understanding Wrongful Termination Legal Costs

Many wrongful termination attorneys work on a contingency fee basis, meaning they collect a percentage of any settlement or verdict, typically between 33% and 40%, and charge nothing if there is no recovery. This arrangement makes legal representation accessible to employees who cannot afford to pay hourly rates while facing unemployment. Some attorneys charge an hourly rate, particularly for cases involving contract claims without significant damages, with rates typically ranging from $200 to $500 per hour. A hybrid arrangement is also common, combining a reduced hourly rate with a smaller contingency percentage. Additional costs may include filing fees, expert witness fees, deposition transcription costs, and document production expenses. During your initial consultation, which is usually free for wrongful termination claims, discuss the fee structure and any costs you may be responsible for regardless of the outcome.

Video Resources

These videos are provided for informational purposes only. The attorneys and organizations featured are not affiliated with or endorsed by Northwind Law.

Wrongful Termination Explained by an Employment Lawyer

LawByMike

What Qualifies as Wrongful Termination?

The Doctors

Employment Law: Wrongful Termination Overview

Lectric Law Library

Frequently Asked Questions About Wrongful Termination

Not every unfair firing is illegal. Wrongful termination specifically refers to firings that violate a law, an employment contract, or public policy. Being fired for reasons you consider unfair, such as a personality conflict with your boss or a disagreement over work methods, is generally legal under the at-will employment doctrine. However, if the real reason for your firing was your race, gender, age, disability, or because you engaged in legally protected activity like reporting safety violations, then the termination may be wrongful and actionable under the law.

Citations & Sources

  1. [1]
    In FY 2023, retaliation continued to be the most frequently cited claim in charges filed with the EEOC, accounting for 55.8% of all charges received. — U.S. Equal Employment Opportunity Commission, Charge Statistics
  2. [2]
    Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, and national origin, including wrongful termination. — U.S. Equal Employment Opportunity Commission
  3. [3]
    The Family and Medical Leave Act entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons. — U.S. Department of Labor
  4. [4]
    At-will employment is the predominant employment relationship in the United States, but every state recognizes at least one exception to the at-will doctrine. — National Conference of State Legislatures
  5. [5]
    Whistleblower protections are provided under more than 20 federal statutes enforced by the Occupational Safety and Health Administration. — U.S. Department of Labor, OSHA

Ready to Discuss Your Wrongful Termination Case?

Speak with a experienced wrongful termination attorney. Free consultations available.

Request a Consultation1-844-6-NWIND-1 (1-844-669-4631)