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Wrongful Termination Law

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Wrongful termination law addresses situations where an employee is fired in a way that violates the law, even in states that follow the "at-will" employment doctrine, which generally allows employers to dismiss workers for any reason or no reason at all. Despite that broad employer discretion, certain firings are prohibited.

The most common disputes involve terminations that are alleged to be discriminatory — based on race, sex, religion, national origin, age, disability, or other protected characteristics. Employees may also have legal recourse when they are fired in retaliation for reporting workplace safety violations, filing a workers' compensation claim, cooperating with a government investigation, or engaging in other legally protected activities. Some claims arise when an employer breaches an explicit employment contract or implied promises made in an employee handbook.

Remedies in wrongful termination cases can include reinstatement, back pay, compensatory damages, and in some cases punitive damages or attorney's fees. The strength of a claim depends heavily on the facts, the applicable federal and state statutes, and the employment relationship itself. State laws vary considerably — some states provide broader employee protections than federal law requires — and the legal landscape continues to evolve through legislation and court decisions.

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Related practice areas

Employment Discrimination LawLabor LawSexual Harassment LawWage and Hour LawWorkers Compensation LawRailroad Worker Injury LawEmployee Benefits and ERISA LawEmployment

Primary law

The governing U.S. Code, statutes and founding documents for Wrongful Termination Law.

Key definitions

Defined terms that recur in wrongful termination law — each links to its dictionary entry.

EmploymentAt-Will EmploymentRetaliationPretextSeveranceReinstatementWrongful DischargeImplied Contract

Key cases of the U.S. Courts of Appeals

The most-cited decisions applying U.S. Code Title 29 (Labor) — beyond the landmark cases above.

Wrongful Termination Law by state

Courts, law libraries and state-specific resources. State law governs much of this area, so deadlines and rules vary by state.

Further reading

  • Self-Determination and Humanitarian Secession in International Law of a Globalized World: Kosovo V. Crimea - Hardcover
    Self-Determination and Humanitarian Secession in International Law of a Globalized World: Kosovo V. Crimea - Hardcover
    Juan Francisco Escudero Espinosa
  • Wrongfully Convicted (Updated and Expanded Edition): Guilty Pleas, Imagined Crimes, and What Canada Must Do to Safeguard Justice - Paperback
    Wrongfully Convicted (Updated and Expanded Edition): Guilty Pleas, Imagined Crimes, and What Canada Must Do to Safeguard Justice - Paperback
    Kent Roach
  • Self-Determination of Peoples - Paperback
    Self-Determination of Peoples - Paperback
    Antonio Cassese
  • The Wrongful Conviction of Oscar Pistorius: Science Transforms Our Comprehension of Reeva Steenkamp's Shocking Death - Paperback
    The Wrongful Conviction of Oscar Pistorius: Science Transforms Our Comprehension of Reeva Steenkamp's Shocking Death - Paperback
    Brent Willock
  • 101 Sample Write-Ups for Documenting Employee Performance Problems: A Guide to Progressive Discipline and Termination - Paperback
    101 Sample Write-Ups for Documenting Employee Performance Problems: A Guide to Progressive Discipline and Termination - Paperback
    Paul Falcone
  • Wrongful Convictions: Cases and Materials - Fourth Edition - Paperback
    Wrongful Convictions: Cases and Materials - Fourth Edition - Paperback
    Justin Brooks
  • Wrongful Convictions: True Murder Cases Unbelievable Miscarriages of Justice - Paperback
    Wrongful Convictions: True Murder Cases Unbelievable Miscarriages of Justice - Paperback
    Jack Smith
  • New Principles Of Gunnery: Containing The Determination Of The Force Of Gunpowder, And An Investigation Of The Difference In The Resisting Power - Paperback
    New Principles Of Gunnery: Containing The Determination Of The Force Of Gunpowder, And An Investigation Of The Difference In The Resisting Power - Paperback
    Benjamin Robins
  • Converging Child Identity & Culture with Right to Self Determination - Paperback
    Converging Child Identity & Culture with Right to Self Determination - Paperback
    Ojwang Duncan
  • Civil Rights in the Shadow of Slavery: The Constitution, Common Law, and the Civil Rights Act of 1866 - Hardcover
    Civil Rights in the Shadow of Slavery: The Constitution, Common Law, and the Civil Rights Act of 1866 - Hardcover
    George A. Rutherglen
  • The Court of Last Resort: The True Story of a Team of Crime Experts Who Fought to Save the Wrongfully Convicted - Paperback
    The Court of Last Resort: The True Story of a Team of Crime Experts Who Fought to Save the Wrongfully Convicted - Paperback
    Erle Stanley Gardner
  • Wrongful Deaths: Selected Inquest Records from Nineteenth-Century Korea - Paperback
    Wrongful Deaths: Selected Inquest Records from Nineteenth-Century Korea - Paperback
  • Extreme Cruelty: The Complicity of Judges in the Shame of Wrongful Convictions - Paperback
    Extreme Cruelty: The Complicity of Judges in the Shame of Wrongful Convictions - Paperback
    Steven Dankof
  • Bribed with Our Own Money: Federal Abuse of American Indian Funds in the Termination Era - Hardcover
    Bribed with Our Own Money: Federal Abuse of American Indian Funds in the Termination Era - Hardcover
    David R. M. Beck
  • The Quest for Self-Determination - Hardcover
    The Quest for Self-Determination - Hardcover
    Dov Ronen
  • Wrongful Enrichment: A Study in Comparative Law and Culture - Paperback
    Wrongful Enrichment: A Study in Comparative Law and Culture - Paperback
    Nahel Asfour
  • Self-Determination, Statehood, and the Law of Negotiation: The Case of Palestine - Paperback
    Self-Determination, Statehood, and the Law of Negotiation: The Case of Palestine - Paperback
    Jr.
  • Unification of Tort Law: Wrongfulness - Hardcover
    Unification of Tort Law: Wrongfulness - Hardcover
    Helmut Koziol
  • The Global Flow of Information: Legal, Social, and Cultural Perspectives - Hardcover
    The Global Flow of Information: Legal, Social, and Cultural Perspectives - Hardcover
  • In the Company of Giants: The Ultimate Investigation Guide for Legal Professionals, Activists, Journalists & the Wrongfully Convicted - Hardcover
    In the Company of Giants: The Ultimate Investigation Guide for Legal Professionals, Activists, Journalists & the Wrongfully Convicted - Hardcover
    Paul J. Ciolino
  • Injustice: Wrongfully Convicted and Wrongfully Accused - Paperback
    Injustice: Wrongfully Convicted and Wrongfully Accused - Paperback
  • The Politics of Innocence: How Wrongful Convictions Shape Public Opinion - Hardcover
    The Politics of Innocence: How Wrongful Convictions Shape Public Opinion - Hardcover
    Robert J. Norris
  • Wrongful Death: A Memoir - Paperback
    Wrongful Death: A Memoir - Paperback
    Sandra M. Gilbert
  • Today's Civil Rights and Liberties Issues: Democrats and Republicans - Paperback
    Today's Civil Rights and Liberties Issues: Democrats and Republicans - Paperback
    Kara E. Stooksbury

This overview is general legal information, not legal advice, and does not create an attorney–client relationship. Laws vary by state and change over time — consult a licensed attorney about your situation.