When you lose your job, it’s a gut punch. But when that termination crosses a legal line—when it’s not just unfair, but unlawful—you may have a claim for wrongful firing or discrimination. These cases fall under the umbrella of employer liability, holding companies accountable for actions that violate an employee’s fundamental rights. This isn’t about hurt feelings or a simple disagreement with management. It’s about concrete, illegal conduct that shifts the balance of power and justice in the workplace.
At its core, wrongful termination means you were fired for an illegal reason. Most employment is “at-will,“ meaning an employer can let you go for any reason or no reason at all. However, they cannot fire you for a bad reason that the law specifically forbids. The most common illegal reasons form the bedrock of these claims. Discrimination is a primary example. Federal law, and often stricter state laws, make it illegal to fire someone because of their race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (if 40 or older), disability, or genetic information. If you were performing your job adequately and can show your membership in one of these protected classes was a motivating factor in your dismissal, you likely have a strong case. The evidence might be a direct discriminatory comment, a pattern of favoring others, or a sudden negative shift in treatment after, for instance, disclosing a disability or pregnancy.
Retaliation is another major illegal reason for firing. Employers cannot punish you for engaging in a legally protected activity. This includes filing a complaint about harassment or discrimination, reporting illegal conduct (whistleblowing), requesting a reasonable accommodation for a disability, taking legally protected family or medical leave, or filing a workers’ compensation claim after an injury. If you were fired shortly after taking one of these actions, retaliation is a serious possibility. Employers will often claim a separate, legitimate reason for the termination, so connecting the timing and showing the stated reason is a pretext is crucial.
Beyond discrimination and retaliation, other illegal reasons for firing include violating a binding employment contract. If you had a contract guaranteeing employment for a set period or stating you could only be fired for specific causes, and the company ignored it, that’s a breach. Similarly, firing someone for refusing to break the law—like an accountant told to falsify records—is a violation of public policy. Finally, some states recognize an implied promise of continued employment if an employee handbook or company policies outline a specific disciplinary process that the employer then ignores when carrying out a termination.
Proving these cases is about evidence, not emotion. You need to build a clear story that demonstrates the illegal motive. This includes saving every relevant email, text, and performance review; documenting conversations with dates, times, and witnesses; and noting any inconsistent or shifting explanations from management. The burden often starts with you showing a basic case, after which the employer must provide their legitimate, non-discriminatory reason. The fight then becomes proving that their stated reason is false and that the real reason was illegal.
For employers, the liability is significant. They can be forced to pay for lost wages and benefits, compensate for emotional distress, cover your attorney’s fees, and even pay punitive damages intended to punish especially malicious or reckless conduct. The goal of these laws is not to eliminate all terminations but to ensure they are conducted fairly and legally, without bias or punishment for exercising one’s rights. If you suspect your firing was more than just bad business but was actually illegal, understanding these principles is the first step toward holding the responsible parties accountable.
