What You Need to Know About Wrongful Termination

Losing a job can turn your life upside down. If the circumstances were unfair, it can be even harder to move on. While it’s always healthy to look forward to the next steps in your career after a job loss, in some cases you might want to consider if your former employer broke the law.

If you think you might have been fired for reasons other than performance issues, you might want to look into wrongful termination. We have the details on what it means to be wrongfully terminated, how to respond to it, and how to navigate your job search afterwards.

What Is Wrongful Termination?

If you unexpectedly lost your job, chances are you feel it was unjustified. This doesn’t mean you were wrongfully terminated, though. Wrongful termination is a legal term referring to illegal reasons to fire someone or lay someone off.

Most employees in the U.S. are at-will employees, which means that the employer has a lot of leeway in determining who to keep on staff. Some employees, though, have contracts restricting the circumstances where they can get laid off or fired. Wrongful termination laws could apply in such circumstances, for example:

• High-level employees, especially in jobs high in demand, sometimes negotiate such terms when getting hired.
• Some positions have conditions limiting job termination; for example tenured university professors can only lose their jobs in specific circumstances.
• Some government workers have contracts restricting when they can get terminated.
• Union contracts can place restrictions on job terminations.
• Temporary positions sometimes restrict job terminations before the time period is over.

If your job didn’t have such a contract clause, your job termination would only be illegal if it broke a law. Here are some examples where wrongful termination laws would

• Discrimination: Employers can’t fire you because you are a member of a “protected class.” Protected characteristics vary from state to state but they may include your race, color, national origin, sex, gender identity, sexuality, religion, age, disability, pregnancy, or genetic information.
• Retaliation: An employer can’t fire you as retaliation for a legally protected activity, such as a formal discrimination or harassment complaint, certain whistle-blowing acts, taking time off for a protected reason, such as jury duty or voting, or serving in the military or National Guard.
• Acting in bad faith: Employers can’t act in bad faith by lying to you during the hiring process about job duties or firing you so they don’t have to pay pension benefits.

What Is Considered Wrongful Termination?

Below are some common illegal reasons to fire someone. These are just examples of wrongful termination; the legality will depend on the specific circumstances of each case:

• A company lays off a group of workers and claims it’s due to economic reasons, but a disproportionate number of the laid-off workers are over 50.
• A worker is fired for taking family leave in accordance with the Family and Medical Leave Act (FMLA).
• A worker files a sexual harassment complaint and is fired shortly thereafter.
• A federal employee covered by the Reduction in Force (RIF) regulations is laid off instead of another worker who should have been let go first due to performance, length of service, tenure, or veteran status.
• An employee hired for a specific time frame and project, with an employment contract saying they can only be terminated before then “for good cause,” is laid off before the term is over.

What Is Termination Without Cause?

A job termination can be a layoff, which means the position was eliminated, or a firing, which means you will be replaced. A job termination without cause means being fired or laid off without any serious reason, such as misconduct or persistent issues with your job performance. You may or may not know the reason in these circumstances. These are some common reasons for termination without cause:

• cutbacks in staff due to financial reasons (layoff)
• a department or project shutting down (layoff)
• a lack of compatibility with your supervisor or co-workers (firing)
• the employer felt you didn’t fit into the company culture (firing)
• the company wants to hire someone else for the position, for example a former employee or a family member (firing)

If your termination didn’t break any laws or contracts, it was legal. You might disagree with the reason, but it’s hard to fight a legal termination. If the employer made an obvious mistake (such as accusing you of a mistake someone else made), consider making an appointment to talk to someone (such as your former supervisor or the HR department) when you’re calm and can explain your side of the story.

Can You Get Fired for No Reason?

If you were fired for no reason, or don’t know why you were fired, consider asking for an explanation in writing or asking a lawyer for a consultation on how to proceed. Getting fired for no reason is legal in many cases, but if you didn’t sign any paperwork yet, a lawyer can help you navigate the process and advise you on what paperwork to sign (or not sign).

Can You Get Fired Without a Written Warning?

Warnings aren’t usually required before a job termination, but some companies use warnings to give employees a chance to improve or to provide a written track record of performance issues for legal purposes.

What to Do When You’ve Been Wrongfully Terminated

If you were wrongfully terminated, you have the grounds for a lawsuit. Whether you want to move forward with one may depend on the likelihood that you will win, the compensation you could earn, the implications for your career, and how much you would have to pay a lawyer.

Whether or not you qualify for unemployment benefits will depend on the specific circumstances of your case. Research your state laws for more information.

Searching for a Job After You’ve Been Wrongfully Terminated

Regardless of the legal circumstances surrounding how you were let go, it’s a good idea to start looking for a new job when you feel ready. But what should you say in your job application about your last job? And what if being fired comes up during the interview process? Here’s how to not let a wrongful termination affect your job search.

How to Explain a Wrongful Termination in Your Job Application

It’s often wise not to explain why you’ve been terminated in a job application unless there are specific reasons to do so. While you can leave information out, you should never lie or deceive anyone. This means that prospective employers might notice you don’t have a job based on the end date of your last position. In some cases you might be able to pick up freelance work, a course, volunteer work, or another project to bridge gaps on your resume.

Focus more on your accomplishments than the job loss in your cover letter. You can find some ideas for what to say in our article on resume tips after a job termination. For example, try to put your emotions aside and focus on your measurable contributions at your last job instead.

Be aware that prospective employers can contact your last workplace for information about you even if you don’t include anyone there as a reference. This is called backdoor reference checking. State laws dictate what they can and cannot say. In some states they may only be able to confirm start dates, end dates, and titles. In other states they can give opinions on your work or more information. You might find more information about what former employers can and can’t say about job termination through the department of labor in your state.

How to Explain Wrongful Termination in an Interview

You don’t have to explain your job loss in a job application, but it’s likely the question will come up during a job interview. If you’re planning to sue your employer, consult with a lawyer about how to handle questions about your last job. If not, it’s up to you how much you want to disclose during your job application and interview as long as you don’t break any laws or contracts.

These are some general guidelines for discussing a layoff or firing in a job interview:

• Be brief. Disclose as little as needed without coming across as avoiding the topic.
• Be honest. While you don’t have to go into all the details, don’t lie.
• Avoid loaded terms such as “fired” and use “let go” or “terminated” instead.
• Remain composed and stick to the facts.
• Explain what will be different this time if you were fired.
• Don’t go into the legalities. As unfair as it is, a hiring manager might take the side of the former employer since they don’t know all the details.

Practice answering questions about your termination in advance, so you know exactly what to say in an interview.

How to Explain Wrongful Termination in an Interview: Examples

These are some examples of how you can explain wrongful termination without using the term or discussing that the employer might have broken the law. In these examples you can see how to shift the focus to your performance record.

“I was let go from my job after I took family leave to take care of my mother who was seriously ill at the time. At that time we didn’t have help since it was an urgent situation. My track record at work was excellent at that point. I have two former clients as references. They can attest to the fact that my boss highly recommended me for the projects and was happy with my work. My mom is now in a nursing home where she has all the help that she needs, so I will not need to take this leave again.”

“I had great performance reviews at work, and my supervisor was happy with my results, but she left to pursue another opportunity. The new manager wanted to bring in a new and fresh team who he thought could relate better to our younger customers. He terminated a few people in my department; all of us were over 50. My old supervisor is one of my references and can speak to the quality of my work.”

Move on After a Wrongful Termination

Losing a job can be the beginning of a new opportunity, and perhaps even a workplace or career that you enjoy more. Start looking forward by applying to new jobs. We can make the job search easier. Create a profile on Monster to get access to our free services for job seekers, so you can apply directly to jobs you find here. By streamlining your job applications, you’ll save both time and energy to get the most out of your job hunt.

This article is not intended as a substitute for professional legal advice. Always seek the advice of an attorney regarding any legal questions you may have.