- 1 Wrongful termination attorneys specialize in cases where employees are fired for illegal reasons like discrimination or retaliation.
- 2 At-will employment has limits — employers can't fire you for reasons that violate federal or state law.
- 3 Strict deadlines apply — 180-300 days to file EEOC complaint, miss it and lose your case.
- 4 Most attorneys work on contingency — 33-40% of settlement, nothing upfront.
📋 In This Guide
- What Do Wrongful Termination Attorneys Do?
- Is Your State an At-Will Employment State?
- What Is Considered Wrongful Termination?
- Can You Sue for Unfair Treatment?
- What Evidence Do You Need?
- What Compensation Can You Recover?
- Can You Be Fired for Filing Workers' Comp?
- What to Do If You Were Wrongfully Terminated
- How to Choose the Right Attorney
- How Much Does It Cost?
- FAQ
Getting fired is devastating. But when your employer fires you for illegal reasons — discrimination, retaliation, or refusing to break the law — you have legal options.
Wrongful termination attorneys specialize in fighting for employees who were illegally fired. They understand federal laws like Title VII and the ADA, plus the specific employment laws in your state.
This guide explains what wrongful termination attorneys do, how to know if you have a case, and how to find the right lawyer.
What Do Wrongful Termination Attorneys Do?
Wrongful termination attorneys represent employees who were fired for illegal reasons. They handle everything from evaluating your case to negotiating settlements or going to trial.
Case Evaluation
- Review circumstances of your firing
- Determine if laws were violated
- Identify all possible claims
- Estimate potential compensation
Legal Process
- File complaints with EEOC or state agencies
- Gather and preserve evidence
- Negotiate with your former employer
- Litigate in court if needed
Employment law is complex. Federal laws (Title VII, ADA, ADEA) interact with state laws, and each has different requirements and deadlines. An experienced attorney knows how to navigate this system.
Is Your State an At-Will Employment State?
Most states, including Ohio, Texas, California, and New York, are “at-will” employment states.
What At-Will Means
- Your employer can fire you at any time
- They don’t need to give a reason
- They don’t need to give notice
What At-Will Does NOT Mean
- They can fire you for ANY reason
- Illegal reasons are still prohibited
- Law creates exceptions that protect you
Even in at-will states, employers cannot fire you for illegal reasons. The law creates exceptions:
- Discrimination — firing based on protected characteristics
- Retaliation — firing for exercising legal rights
- Public policy — firing for refusing to break the law
- Contract — firing that violates employment agreement
What Is Considered Wrongful Termination?
Your termination is “wrongful” if your employer violated federal or state employment law. Not every unfair firing is illegal — but these are:
Discrimination
- Race, color, national origin
- Sex, gender identity, orientation
- Religion, Age (40+)
- Disability, Pregnancy
- Genetic information
Retaliation
- Reporting harassment
- Filing workers' comp claim
- Whistleblowing
- Taking FMLA leave
- Reporting OSHA violations
Public Policy
- Refusing illegal acts
- Jury duty service
- Voting
- Military service
- Filing government complaints
Contract Violations
- Written contract breach
- Implied contract breach
- Handbook violations
- Union agreement violations
Can You Sue for Unfair Treatment?
Important: You cannot sue just because your firing was “unfair.”
The dismissal must be illegal — meaning it violated a specific law.
❌ NOT Wrongful Termination
- Fired because salary was too high
- Fired because boss doesn’t like you
- Fired for being late (unless selective)
- Fired for “not being a good fit”
✅ Wrongful Termination
- Fired after reporting harassment
- Fired after requesting accommodation
- Fired after filing workers’ comp
- Fired for taking FMLA leave
What Evidence Do You Need?
Wrongful termination cases require proof that your employer’s real motivation was illegal.
Documentation
- Emails and text messages
- Performance reviews (especially positive ones)
- Written warnings or disciplinary records
- Employment contract and handbook
- Termination letter
Witness & Comparative Evidence
- Coworkers who witnessed discrimination
- People who heard discriminatory comments
- How others were treated for same behavior
- Pattern of firing protected groups
- Timeline showing suspicious timing
What Compensation Can You Recover?
If you win your wrongful termination case, you may recover:
Economic Damages
- Back pay — lost wages from termination to settlement
- Front pay — future lost earnings
- Lost benefits — health insurance, retirement
- Job search costs — finding new employment
Non-Economic & Other
- Emotional distress — anxiety, depression
- Punitive damages — punish bad conduct
- Reinstatement — getting job back
- Attorney’s fees — employer pays your legal costs
Settlement Ranges:
- Simple cases: $10,000 - $50,000
- Moderate cases: $50,000 - $300,000
- Severe discrimination/retaliation: $300,000 - $1,000,000+
- Egregious cases with punitive damages: Several million
Can You Be Fired for Filing Workers’ Comp?
No. It is illegal for an employer to fire you for filing a workers’ compensation claim.
Federal and state laws protect employees who exercise their right to seek workers’ comp benefits. For example, Ohio Revised Code Section 4123.90 specifically prohibits employers from retaliating against employees who file workers’ comp claims.
🛡️ Protected Workers' Comp Activities
- Filing a workers' compensation claim
- Testifying in workers' comp proceedings
- Pursuing workers' comp benefits
- Reporting workplace injuries
If you were fired after filing for workers’ comp, contact a wrongful termination attorney immediately.
What to Do If You Were Wrongfully Terminated
Document Everything
Write down details while fresh: what happened, discriminatory comments, witness names, dates and times.
Preserve Evidence
Save emails, texts, voicemails. Keep performance reviews. Get copies of employee handbook. Screenshot communications.
Don't Sign Anything Yet
Severance agreements may waive your rights. Have an attorney review before signing.
Consult an Attorney
Most offer free consultations. They can assess your case and explain options.
File Required Complaints
EEOC complaints must be filed within 180-300 days. Your attorney handles this process.
⏰ Critical Deadlines
Missing deadlines can permanently destroy your case:
- EEOC (federal discrimination): 180-300 days
- State discrimination claims: 180 days - 3 years (varies)
- Breach of contract: 2-6 years (varies by state)
- Wrongful discharge lawsuits: 1-4 years (varies by state)
How to Choose the Right Attorney
Green Flags
- Employment law specialization
- Years of wrongful termination experience
- Successful settlements and verdicts
- Responsive communication
- Clear fee explanation
Red Flags
- Guarantees specific outcome
- Pressures you to sign immediately
- Won’t explain fees clearly
- Doesn’t return calls promptly
- General practice, not specialized
Questions to Ask During Consultation:
- How many wrongful termination cases have you handled?
- What’s your success rate?
- Will you personally handle my case?
- What’s your fee structure?
- How long will my case take?
How Much Does a Wrongful Termination Attorney Cost?
Most wrongful termination attorneys work on contingency:
- No upfront cost — you pay nothing to start
- Percentage of recovery — typically 33-40% of settlement or verdict
- If you lose, you owe nothing for attorney fees
- Costs advanced — many attorneys cover filing fees, depositions, experts
This structure benefits you: attorneys only take strong cases, and they’re motivated to maximize your recovery.
Frequently Asked Questions
Most cases take 6 months to 2 years. Simple cases that settle early resolve faster. Cases that go to trial take longer. The EEOC investigation alone can take 6-12 months.
Yes, if your termination violated federal or state law. You typically must file an EEOC complaint first for discrimination claims. An attorney can evaluate whether you have a valid legal claim.
At-will employment doesn't protect employers who fire for illegal reasons. Discrimination, retaliation, and public policy violations are still wrongful termination even for at-will employees.
Value depends on lost wages, emotional distress, employer's conduct, and evidence strength. Average settlements range from $50,000 to $300,000, but cases vary significantly.
Reinstatement is a legal remedy, but most employees prefer monetary compensation rather than returning to a workplace that fired them illegally.
Severance agreements can limit your options, but they can't waive certain rights or claims you didn't know about. An attorney can review whether your agreement is enforceable.
You can file EEOC complaints yourself, but wrongful termination cases are complex. Attorneys significantly improve outcomes and handle the process while you focus on finding new work.
Take Action Now
Wrongful termination claims have strict deadlines. The longer you wait, the weaker your case becomes. If you believe you were illegally fired, consult with an attorney today. Most consultations are free — you have nothing to lose.
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