Every state

Wrongful termination attorneys near you

Fired for reporting something, for being injured, or for a reason the law forbids.

Deadline, in general

For discrimination and retaliation, generally 180 days to file with the EEOC — 300 where a state agency also covers it — then 90 days to sue after the right-to-sue notice.

Employment in almost every state is at-will, which means either side can generally end it at any time. The exceptions are what wrongful termination claims are built on: you cannot be fired for a reason the law prohibits, and there is a long list of prohibited reasons.

Reporting unsafe conditions, filing a workers’ compensation claim, complaining about unpaid wages, taking protected leave, refusing to do something illegal, reporting patient neglect or abuse, or being a member of a protected class are all reasons an employer cannot lawfully act on. The employer will give a different reason, which is why the sequence of events and what was said matters so much.

Tell us what happened

A few questions about your situation. It is free, and there is no obligation of any kind.

What do you need help with

1 of 3

Choose everything that applies. People often have more than one problem at once, and they are frequently connected.

Free. No cost to you at any point.

This may be your situation if

—You were let go shortly after reporting something or making a complaint.
—You were fired after an injury, a leave request, or a medical restriction.
—The reason you were given does not match your record or changed over time.
—Others who did the same thing were not disciplined.
—You were pushed out rather than fired outright, and the conditions were made intolerable.

What an attorney generally does here

—Build the timeline that connects the protected act to the decision.
—Get the personnel file and the documents the employer created afterwards.
—File with the EEOC, or with the state fair employment agency, where a discrimination claim is involved.
—Value the claim: lost pay, future earnings, emotional distress and, in some cases, penalties.
—Deal with any severance agreement before it is signed and the claim is released.

The deadline

For discrimination and retaliation, generally 180 days to file with the EEOC — 300 where a state agency also covers it — then 90 days to sue after the right-to-sue notice. Set by Title VII and the ADA, and your state’s fair employment statute.

Other theories carry different and often shorter periods, and claims against a public entity employer bring their own notice rules. A severance agreement you have already signed can also release claims, which is why the time to ask is before signing.

Worth gathering first

—The termination letter or the final message you were sent.
—Your personnel file, reviews and any written warnings.
—Any complaint you made, and the reply — email, text, or an incident report.
—The severance agreement, if one was offered, unsigned.
—Dates: when you complained, when things changed, when you were let go.

If you work in care

Care staff are fired for reporting things they are legally required to report. Raising neglect, unsafe staffing, a medication error or an unsafe discharge is protected activity, and being let go weeks later is the pattern this area of law exists to address.

Common questions

My state is at-will. Can I still have a claim?

Yes. At-will means no reason is needed; it does not permit a prohibited reason. Retaliation, discrimination, and firing for refusing to break the law all remain unlawful.

I was fired after reporting unsafe conditions at a facility. Is that protected?

Reporting suspected unsafe or unlawful conduct is generally protected whistleblower activity, and healthcare staff have additional protections under federal and state law for reporting patient care concerns.

Should I sign the severance agreement?

A severance agreement almost always releases claims you may not know you have. That is a question to put to an attorney before signing, not after.

Do I have to file with a government agency first?

For discrimination and retaliation claims there is an administrative step with the EEOC, or with your state’s fair employment agency, before suing. Missing it can end an otherwise good claim.

Discrimination and harassment

Treated differently because of who you are, or harassed and ignored when you reported it.

Unpaid wages

Unpaid overtime, missed breaks, unpaid travel time, a final cheque that never came.

Workers' compensation

Injured on a shift — lifting, transfers, needlesticks, repetitive strain, assaults.